Mayr v. Osborne

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Dr. Matthew Mayr, a surgeon, mistakenly fused the wrong level on Michael Osborne’s spine. Catherine Osborne, Michael’s wife and the administrator of his estate, filed suit, alleging that Dr. Mayr was negligent and that he committed a battery. Thereafter, Plaintiff nonsuited her negligence claim and proceeded to trial exclusively on her battery claim. The trial court entered judgment for Plaintiff. At issue on appeal was whether Plaintiff could proceed on a theory of battery or whether the law confined Plaintiff to recovery under a negligence theory. The Supreme Court reversed, holding (1) battery and negligence constitute distinct theories of recovery, with distinct elements of proof; and (2) the undisputed facts of this case did not support a claim for battery. View "Mayr v. Osborne" on Justia Law