HANDY v. MARVIL


385 A.2d 1129 (1978)

Joyce A. HANDY, Plaintiff, v. James E. MARVIL, M. D., Defendant and Third-Party Plaintiff. BEEBE HOSPITAL OF SUSSEX COUNTY, INC., a corporation of the State of Delaware, Defendant, v. HALL INTERNATIONAL, INC., a corporation of the State of Delaware, Third-Party Defendant.

Superior Court of Delaware, New Castle County.

Decided March 27, 1978.


Attorney(s) appearing for the Case

John B. Kennedy, Wilmington, for plaintiff.

F. Alton Tybout and John A. Elzufon of Tybout & Redfearn, Wilmington, for defendant Beebe Hospital.

Mary Pat Trostle of Biggs & Battaglia, Wilmington, for defendant and third-party plaintiff Marvil.

William F. Taylor of Young, Conaway, Stargatt & Taylor, Wilmington, for third-party defendant Hall Intern.


LONGOBARDI, Judge.

Plaintiff Joyce Handy ("Plaintiff") suffered a fractured jaw in an automobile accident on February 8, 1975. The injury required surgery which was performed by Dr. James Marvil at Beebe Hospital on February 13, 1975. During the operation, Dr. Marvil used a surgical drill and when the operation was over, he discovered that the end of the drill bit was missing. Subsequently, he learned that the bit was imbedded...

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