Washburn v. Simmons
Washburn v. Simmons
Opinion of the Court
This is an action to recover damages for personal injuries in which the plaintiff prayed for judgment in the sum of $30,000 general damages and $1876.27 special damages, and the jury returned a verdict for $500 upon which judgment was entered. Plaintiff has appealed. We are of the opinion that the record fails to disclose reversible error and the judgment is, therefore, affirmed.
070rehearing
ON REHEARING
On Petition eor Rehearing
The only question on the appeal in this case is whether the court erred in withdrawing from the jury’s
The evidence is that on August 10,1953, Dr. Jack W. Dowsett, a specialist in obstetrics and gynecology, performed an operation on the plaintiff, a married woman, to correct severe uterine bleeding. The operation is described as a curettage and uterine suspension, and the patient made “an uneventful recovery.” On August 28, 1953, the plaintiff sustained severe bruises in an automobile accident. Some time after the accident Mrs. Washburn started bleeding again. She saw Dr. Dowsett on September 23 and was treated by him on that day and subsequent days, but she did not respond to the treatment. The doctor finally recommended an operation for the removal of the uterus, which was done on April 25, 1954.
As a witness for the plaintiff, Dr. Dowsett testified, in answer to a hypothetical question, that “the accident aggravated the pelvic condition, which necessitated definitive treatment, which was removal of her uterus.” On cross-examination, however, he conceded that he was “unable to say except in terms of possibility that the accident was in any way related to the chronic pelvic condition,” and that it would be impossible for him to say what was the cause of this chronic pelvic condition, and that the plaintiff’s history was common in women who had never been involved in an accident.
The petition for rehearing is denied.
Reference
- Cited By
- 12 cases
- Status
- Published