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Barnes v. Bovenmyer

Iowa Supreme Court

122 N.W.2d 312 (1963)

Facts

A piece of steel entered the eyeball of Leo Barnes (plaintiff), causing infection and loss of Barnes’s eye. Barnes’s doctor, Bovenmyer (defendant), had failed to discover the foreign object for 36 to 48 hours. Barnes brought suit. Evidence established that Bovenmyer should have discovered the object sooner but also that Bovenmyer’s failure to remove the object probably did not result in the loss of Barnes’s eye. A doctor testified that Barnes’s eye became infected upon contact with the steel, with the result that even earlier removal would not have prevented the loss of Barnes’s eye. The trial court found in favor of Bovenmyer. Barnes appealed. The Iowa Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Garfield, C.J.)

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