Harold D. Morgan v. Dr. Henry Rosenberg

This is an action to recover damages resulting from the alleged malpractice of defendant, a physician and surgeon. The jury returned a verdict for $9000. Defendant's motion for a new trial was sustained on the ground that the trial court erred in giving plaintiff's Instructions No. 1 and No. 4 and plaintiff appealed. Defendant contends that plaintiff did not make a submissible case for the jury and, therefore, plaintiff's claims of error are moot. This contention of defendant requires a full summation of the evidence. Before stating the evidence, we set out the pertinent allegations of the petition.