U.S. Court of Appeals for the D.C. Circuit, 1954

Stark v. White

U.S. Court of Appeals for the D.C. Circuit · Decided January 7, 1954 · Fahy, Washington, Danaher

208 F.2d 848; 93 U.S. App. D.C. 241 (Federal Reporter, Second Series)

Counsel

Mr. Arthur L. Willcher, Washington, D. C., with whom Mr. Max Bergman, Washington, D. C., was on the brief, for appellants., Mr. John R. Daily, Washington, D. C., with whom Messrs. H. Mason Welch and J. Harry Welch, Washington, D. C., were on the brief, for appellee.

Cases that cite this one

3 later published cases cite this decision.

Rotan v. Greenbaum (D.C. Cir. 1959)
Rotan v. Greenbaum (D.C. Cir. 1959)
Gilbert McCauly a Minor, Through Allen McCauly Father and Next Friend v. Robert E. Moran (D.C. Cir. 1955)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Plaintiffs, husband and wife, sued in the District Court complaining that defendant, a surgeon, negligently and carelessly diagnosed the wife’s condition, and thereafter performed an operation upon the plaintiff wife in a negligent and careless manner. At the close of the plaintiffs’ case, the trial judge directed a verdict for the defendant on the ground that there was no evidence to show that defendant had failed to exercise that degree of care and skill ordinarily exercised by a surgeon in this locality.

Upon review of the claims of the parties and after careful consideration, we are impelled to agreement with the action taken in the District Court. See Rodgers v. Lawson, 1948, 83 U.S.App.D. C. 281, 170 F.2d 157, and cases there cited. The judgment is

Affirmed.

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