DAVIS v. BONEBRAKE

No. 17966.

313 P.2d 982 (1957)

E. M. DAVIS and George K. Niehouse, Plaintiffs in Error, v. Velma M. BONEBRAKE, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 12, 1957.


Attorney(s) appearing for the Case

Wagner & Wyers, Denver, for plaintiffs in error.

Richard H. Shaw and Norman B. Smith, Denver, for defendant in error.


FRANTZ, Justice.

This is a malpractice action in which plaintiff obtained a favorable verdict against two doctors who seek reversal of the judgment entered thereon. According to the complaint, a surgical sponge or insoluble pack was left in plaintiff's abdomen in the performance of a hysterectomy on her on August 17, 1951. Since the case was tried and submitted to the jury on the first count, charging negligence, it becomes unnecessary to consider the second count...

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