BROWN v. HAYES

No. 1 CA-CIV 1515.

17 Ariz. App. 143 (1972)

495 P.2d 1350

Troye BROWN, Appellant, v. Paul A. HAYES, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied May 5, 1972.

Review Denied July 13, 1972.


Attorney(s) appearing for the Case

Hill & Savoy, by John P. Otto and Stockton & Hing, Phoenix, for appellant.

Lewis & Roca, by John P. Frank, Michael J. LaVelle, Phoenix, for appellee.


EUBANK, Judge.

Troye Brown, the plaintiff in the trial court and appellant here, raises the question of whether the trial court erred in instructing the jury on the issue of malpractice after the court had directed a verdict against appellant on that specific issue.

The events leading up to this question were that the plaintiff had sued the defendant for malpractice and for assault and battery arising out of an oral surgical procedure. The issues were tried...

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