STARNES v. TAYLOR

No. 276.

158 S.E.2d 339 (1968)

272 N.C. 386

Charles Orr STARNES v. Frederick H. TAYLOR, M.D.

Supreme Court of North Carolina.

January 12, 1968.


Attorney(s) appearing for the Case

Myers & Sedberry, Charlotte, for plaintiff appellant.

Helms, Mullis, McMillan & Johnston, by James B. McMillan and R. Malloy McKeithen, Charlotte, for defendant appellee.


LAKE, Justice.

Unquestionably, the evidence of the plaintiff is sufficient, when taken to be true as it must be upon a motion for judgment of nonsuit, to show that in the course of the esophagoscopy performed by the defendant, the plaintiff's esophagus was perforated and that infection resulted therefrom, causing the plaintiff to become a very sick man and to sustain pain, suffering, prolonged disability and increased expense...

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