COZART v. CHAPIN

No. 7810SC109.

251 S.E.2d 682 (1979)

39 N.C. App. 503

Sara COZART and T. Maurice Cozart v. Marvin E. CHAPIN, D.D.S.

Court of Appeals of North Carolina.

February 6, 1979.


Attorney(s) appearing for the Case

Crisp, Bolch, Smith & Davis by Joyce L. Davis and Robert B. Schwentker, Raleigh, for plaintiff-appellee.

Smith, Anderson, Blount & Mitchell by James D. Blount, Jr., Raleigh, for defendant-appellant.


ERWIN, Judge.

Defendant contends that the trial court erred in denying his motion for a directed verdict at the close of all of the evidence on the grounds: (1) that plaintiff's evidence was insufficient to establish actionable negligence by defendant and (2) that plaintiff's evidence was insufficient to establish that defendant's failure to orient the x-ray with plaintiff's mouth was the proximate cause of plaintiff's injury.

Our Supreme Court held in

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