RAUSCHELBACH v. BENINCASA

No. 49884.

372 S.W.2d 120 (1963)

Jewel RAUSCHELBACH and Loran R. Rauschelbach, (Plaintiffs) Appellants, v. A. V. BENINCASA and Jean J. Merz, Defendants, Jean J. Merz, (Defendant) Respondent.

Supreme Court of Missouri, Division No. 1.

November 11, 1963.


Attorney(s) appearing for the Case

Guilfoil, Caruthers, Symington & Montrey, John P. Montrey, St. Louis, for (plaintiffs) appellants.

Robert W. Henry, Clayton, for defendant, Jean J. Merz (respondent).


WELBORN, Commissioner.

Jewel and Loran R. Rauschelbach, husband and wife, instituted this action against Dr. A. V. Benincasa and Dr. Jean J. Merz for damages for injuries which were alleged to have resulted from negligence of the defendants in the performance of a surgical operation on Jewel Rauschelbach. In Count I of the petition, Jewel sought damages in the amount of $50,000 and in Count II, her husband asked damages of $10,000.

At the trial, a motion for...

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