DAY v. J. BRENDAN WYNNE, D.O., INC.

No. 82-1674.

702 F.2d 10 (1983)

Marilyn DAY, Plaintiff, Appellee, v. J. BRENDAN WYNNE, D.O., INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 8, 1983.


Attorney(s) appearing for the Case

Robert J. Quigley, Jr., Providence, R.I., with whom Higgins, Cavanagh & Cooney, Providence, R.I., was on brief, for defendant, appellant.

Guy J. Wells, Providence, R.I., with whom Gunning, LaFazia & Gnys, Inc., Providence, R.I., was on brief, for plaintiff, appellee.

Before ALDRICH, BOWNES and BREYER, Circuit Judges.


BAILEY ALDRICH, Senior Circuit Judge.

On July 25, 1974 plaintiff Marilyn Day sustained a broken leg as a result of an accident while a guest in an automobile driven by one Finck in the state of Rhode Island. She was treated by Dr. J. Brendan Wynne, an employee and officer of J. Brendan Wynne, D.O., Inc., a Rhode Island professional corporation. It was a difficult break, an oblique fracture with angulation, and Dr. Wynne advised...

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