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HAWKS v. DeHART

146 S.E.2d 187 (1966)

206 Va. 810

Callie H. HAWKS v. Elizabeth T. DeHART, Administratrix, etc.

Supreme Court of Appeals of Virginia.

January 17, 1966.

Attorney(s) appearing for the Case

Ben M. Richardson, Charles H. Osterhoudt, Roanoke, for plaintiff in error.

John B. Spiers, Jr., Radford (Spiers & Spiers, Radford, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON, CARRICO, and GORDON, JJ.

BUCHANAN, Justice.

This action was begun by a motion for judgment filed March 23, 1963, by Mrs. Callie H. Hawks, plaintiff, against Dr. Rufus DeHart, defendant, for damages alleged to have been caused by his negligence in leaving a surgical needle in her neck in the course of a goiter operation performed by him in April, 1946. Dr. DeHart died within a few days after process was served on him and the action was revived against his administratrix.

A jury was...

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