JOHNSON v. VAN WERDEN

No. 51118.

125 N.W.2d 782 (1964)

James M. JOHNSON and Marjorie Johnson, Husband and wife, Appellants, v. Benjamin D. VAN WERDEN, M.D., L. C. Pumphrey, M.D., Robert P. Lichtenberg, M. D., Madeline Jones, R.N., and the Graham Hospital, Inc., Appellees.

Supreme Court of Iowa.

January 14, 1964.


Attorney(s) appearing for the Case

Joseph L. Phelan, Fort Madison, for appellants.

Johnson & Phelan, Fort Madison, and Boyd, Walker & Concannon, Keokuk, for appellees.


STUART, Justice.

This is a malpractice case which was originally brought against several doctors, a nurse and a hospital. All parties have been eliminated from the case either by dismissal or settlement except Dr. Van Werden. The action against him is based upon alleged negligent diagnosis and treatment. At the close of defendant's case the trial court sustained his motion for directed verdict and refused to allow plaintiff the opportunity to offer rebuttal evidence...

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