CIVITARESE v. GORNEY


358 Mass. 652 (1971)

266 N.E.2d 668

MARY CIVITARESE vs. ARTHUR GORNEY.

Supreme Judicial Court of Massachusetts, Middlesex.

February 5, 1971.


Attorney(s) appearing for the Case

Francis X. Goode (Lovell S. Spaulding with him) for the plaintiff.

John F. Finnerty for the defendant.

Present: TAURO, C.J., SPALDING, REARDON, & QUIRICO, JJ.


SPALDING, J.

In this action the plaintiff seeks to recover for the alleged malpractice of the defendant in performing a tonsillectomy. The declaration contains three counts, two in tort and one in contract. The judge directed verdicts for the defendant on all counts at the conclusion of the plaintiff's evidence. The plaintiff's bill of exceptions brings here the propriety of the directed verdicts and of rulings excluding certain evidence, to all of which the plaintiff...

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