Jane and Marcello Festa v. Steven J. Greenberg

"Appellees initiated this action against appellant-physician asserting that the surgery he performed upon appellee-wife was done in a negligent manner and without proper consent. The trial court originally entered a compulsory non-suit in appellant-physicians favor because appellees failed to introduce expert testimony to support either of their claims. Subsequently, the trial court granted appellees motions to remove non-suit and for a new trial stating that expert testimony is not required to establish a physicians duty to disclose information in informed consent cases. This timely appeal followed.