McKELVY V. BARBER
381 S.W.2d 59 (1964)
NATURE OF THE CASE: This was a personal injury action.
FACTS: McKelvy (P) sued Barber (D) to recover damages for negligent medical treatment. P injured his finger during employment at American Manufacturing Company. P was taken to the D's office and was treated for the injury. P developed tetanus and was totally and permanently disabled at the time of trial. P settled with Pacific Employers Insurance Company for his claim against American. D opposed the suit and filed his instructed motion based on the fact that there was no evidence to show that tetanus was proximately caused by any negligence on D's part and that since D was an agent of American and P had already settled with them, he was immune from liability. D moved for an instructed verdict at the conclusion of evidence and it was granted. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment