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Perin v. Hayne
Iowa Supreme Court
210 N.W.2d 609 (1973)
Ilene Perin (plaintiff) sued Dr. Robert A. Hayne for medical malpractice for allegedly cutting Ilene’s laryngeal nerve during a cervical-fusion surgery that resulted in paralysis of Ilene’s vocal cord and reduced her voice to a hoarse whisper. Ilene sought damages on four theories: negligence, res ipsa loquitur, breach of express warranty, and battery or trespass. The trial court granted Dr. Hayne’s motion for a directed verdict after finding that Ilene’s evidence was insufficient to submit any theory to the jury. Ilene appealed. As to her battery claim, Ilene argued that she consented to only one fusion but that because two were performed, the second constituted a battery or trespass.
Rule of Law
Holding and Reasoning (McCormick, J.)
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