PROMEN v. WARD

No. 90AP-134.

70 Ohio App.3d 560 (1990)

PROMEN, Appellant, et al., v. WARD et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided December 11, 1990.


Attorney(s) appearing for the Case

McCarthy, Palmer, Volkema & Becker and Robert G. Palmer, for appellant.

Jacobson, Maynard, Tuschman & Kalur, Karen L. Clouse and Scott P. Whonsetler, for appellee Richard M. Ward, M.D.


REILLY, Presiding Judge.

Plaintiff, Shirley A. Promen, appeals from a jury verdict and judgment in favor of defendant, Richard M. Ward, M.D., rendered in the Franklin County Court of Common Pleas and asserts the following assignments of error:

"I. The trial court erred by failing to enter judgment notwithstanding the verdict or to order a new trial since a surgeon of ordinary skill, care and diligence would have operated where he intended to operate, which...

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