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YOUNG v. CASPERS

No. 46349.

249 N.W.2d 713 (1977)

Robert L. YOUNG, Appellant, v. Dr. Carl G. CASPERS, Respondent, St. Mary's Hospital and Bard-Parker Mfg. Company, Inc., a Division of Becton, Dickinson and Company, Defendants.

Supreme Court of Minnesota.

January 7, 1977.

Attorney(s) appearing for the Case

Singer & Singer and David A. Singer, Minneapolis, for appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and J. Richard Bland and O. C. Adamson, II, Minneapolis, for respondent.

Duane M. Peterson, Winona, Gordon W. Schumaker, Minneapolis, and Monte M. Miller, Minneapolis, for Minn. Trial Lawyers Assoc., amicus curiae, seeking reversal.

Considered and decided by the court en banc.

TODD, Justice.

Dr. Carl G. Caspers performed an operation on Robert L. Young to relieve a back condition that was causing him some discomfort. While removing a surgical knife after making an incision, Dr. Caspers noticed that the tip of the knife was missing. The missing tip was not located and had to be removed by subsequent surgery. After the jury had returned a verdict for Young, the trial court ordered a new trial on the grounds that it had improperly submitted...

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