FITZGERALD v. MANNING

No. 78-1109.

679 F.2d 341 (1982)

Russell T. FITZGERALD, Appellant, v. Preston C. MANNING, Jr., M. D., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 20, 1982.


Attorney(s) appearing for the Case

T. David Thelen, Lovingston, Va. (Eggleston & Thelen, Lovingston, Va., Gordon W. Poindexter, Jr., Cooley, Poindexter, Burns & Marks, Waynesboro, Va., on brief), for appellant.

James G. Welsh, Staunton, Va. (Timberlake, Smith, Thomas & Moses, P. C., Staunton, Va., on brief), for appellee.

Before RUSSELL, HALL and MURNAGHAN, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

This is a medical malpractice action. At the conclusion of the plaintiff's case, the defendant moved for a directed verdict. The District Court granted the motion and judgment for the defendant was duly entered. From that judgment, the plaintiff has appealed. We affirm.

The plaintiff's illness, with its consequent hospitalization and treatment resulting in this action, began with nausea...

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