MARSH v. PEMBERTON

No. 9041.

10 Utah 2d 40 (1959)

347 P.2d 1108

WILLIAM T. MARSH, PLAINTIFF AND APPELLANT, v. DR. PAUL A. PEMBERTON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

December 30, 1959.


Attorney(s) appearing for the Case

Woodrow D. White, Salt Lake City, for appellant.

Skeen, Worsley, Snow & Christensen, John H. Snow, Salt Lake City, for respondent.


CALLISTER, Justice.

This is an action for malpractice and negligence. The defendant, a physician, performed an operation known as "triple arthrodesis" on plaintiff's left foot and plaintiff alleges improper casting procedures and negligent post-operative care. At the close of plaintiff's evidence the court dismissed the action with prejudice. From that ruling plaintiff prosecutes this appeal.

The evidence reveals that the plaintiff William Marsh, a married...

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