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LENTZ v. THOMPSON

No. 624.

152 S.E.2d 107 (1967)

269 N.C. 188

Louise L. LENTZ v. Dr. Frank A. THOMPSON, Jr.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

D. D. Smith, G. Hobart Morton, Albemarle, Robert L. Warren, Concord, for plaintiff appellant.

Carpenter, Webb & Golding, Charlotte, for defendant appellee.

HIGGINS, Justice.

In passing on the sufficiency of the evidence to go to the jury, we must assume that Dr. Thompson severed the plaintiff's spinal accessory nerve during the operation for the removal of the malignant glands. The evidence permits that finding. Something more is necessary, however, to establish the defendant's civil liability. All the experts who testified in the case for both parties emphasized the necessity...

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