Scales v. Tucker
Scales v. Tucker
Opinion of the Court
Plaintiff assigns error to the trial judge’s entry of directed verdict in favor of defendants. The trial judge was correct in
We find the trial judge’s entry of directed verdict for defendants was proper because plaintiff failed to present any evidence to support the allegation that defendants’ treatment was the proximate cause of her gangrene which necessitated the amputation. Dr. Fleishman, plaintiff’s expert witness, testified that plaintiff’s amputation was necessary because of her severe peripheral vascular disease. Dr. Fleishman thoroughly examined plaintiff’s left foot on 23 April 1980 and found no evidence of a cut. There was also no mention of a cut in the pathologist’s report. Dr. Fleishman testified:
Q. What you are telling the jury is that this lady lost her leg because of her peripheral vascular disease and because of diabetes, not because of a cut alleged to have occurred on April 21, 1980?
A. [Dr. Fleishman]: That is my opinion, sir.
Q. Doctor, in your opinion this lady’s leg that was amputated by you, this amputation was not caused by any podi-atric care that was either given or not given by either Dr. Tucker or Dr. Healy, is that correct?
Mr. Webster: Objection.
Court: Overruled.
A. [Dr. Fleishman]: No, I don’t think that was caused by her podiatric care.
Considered in the light most favorable to plaintiff, and giving plaintiff the benefit of every reasonable inference, plaintiff has failed to introduce any evidence of proximate cause; the directed verdict entered for defendant is, therefore,
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.