(Download) "Louis L. Bateman v. Henry E. Rosenberg" by Missouri Court of Appeals St. Louis District # eBook PDF Kindle ePub Free
eBook details
- Title: Louis L. Bateman v. Henry E. Rosenberg
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 13, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Louis L. Bateman, plaintiff, brought an action for the wrongful death of his wife, Ava, against Henry E. Rosenberg, M.D., defendant. The cause was submitted to the jury on the theory that defendant who had performed a tonsillectomy upon Mrs. Bateman had sent her ""home under inadequate nursing supervision"". Verdict and judgment were for plaintiff in the sum of $50,000. Defendant appeals contending that plaintiff failed to make a submissible case under the theory submitted; and that the court erred in giving the verdict directing instruction because there was no substantial evidence to support the charge. Defendant also charges that the trial court erred in overruling his objection to a hypothetical question. In our review we must ""consider the whole evidence, giving plaintiff the benefit of all facts and circumstances favorable to or tending to support his theory of the case with every reasonable inference that may be drawn therefrom, as well as any evidence offered by defendant, and such inferences as are favorable to plaintiff and we will disregard any of defendant's evidence contradictory or unfavorable to plaintiff's contentions."" York v. Daniels, 241 Mo. App.809, 259 S.W.2d 109 (1953). Tava Bateman, 48 years of age, had been married to plaintiff, who was 70 years of age, since 1963. She was in good health except for tonsillitis for which she was being treated by defendant.
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