BURKS v. BAUMGARTNER

No. 7175.

381 P.2d 57 (1963)

72 N.M. 123

Joy Jean BURKS and Seldon E. Burks, her husband, Plaintiffs-Appellants, v. M. R. BAUMGARTNER, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied May 14, 1963.


Attorney(s) appearing for the Case

Albert J. Rivera, Alamogordo, Smith, Kiker & Kitts, Albuquerque, for appellants.

Shipley, Seller & Whorton, Alamogordo, for appellee.


CHAVEZ, Justice.

This is an appeal from a judgment of the trial court dismissing appellants' second cause of action, upon motion of appellee made after both parties had concluded their evidence and rested. Appellants sought recovery for medical malpractice in that appellee performed a hysterectomy upon appellant, Joy Jean Burks, hereinafter referred to as "appellant," while appellant, without her knowledge, was pregnant; that appellee failed to diagnose such pregnancy...

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