MALLETT v. PIRKEY

No. 22600.

466 P.2d 466 (1970)

Patrick MALLETT, by and through his next friend, James Mallett, Plaintiff in Error, v. Will PIRKEY, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 6, 1970.


Attorney(s) appearing for the Case

Kripke, Hoffman, Carrigan & Duffy, Daniel S. Hoffman, Denver, for plaintiff in error.

Wormwood, Wolvington, Renner & Dosh, Winston W. Wolvington, Denver, for defendant in error.


DAY, Justice.

Patrick Mallett, a minor, through his father, James Mallett, as next friend, was plaintiff in the trial court. Dr. Will Pirkey was defendant. The action was based on allegations of professional negligence by defendant. The jury returned a verdict for the defendant.

Plaintiff alleged that he sustained permanent eyesight injury, with vision loss and central nervous system injury, plus severe emotional disturbances as a result of a tonsillectomy...

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