Hart

This is an action for damages instituted by appellant Shirley Diane Hart against respondent Herbert T. Browne, M.D., arising out of an opinion given by respondent to appellant’s then attorneys that another doctor, John G. Nork, who had previously treated Hart, was not guilty of medical malpractice in connection with said treatment. Appellant proceeded against respondent on two separate theories: First, that he was negligent in rendering said opinion; second, that he acted fraudulently in giving his opinion. The case went to trial before a jury. At the close of appellant’s case, a nonsuit was granted as to the cause of action based on fraud. The case was submitted to the jury on the negligence theory, with a request for special findings. The jury found 1) Dr. Nork was negligent, 2) respondent was negligent, but 3) respondent’s negligence was not a proximate cause of the loss of appellant’s cause of action against Dr. Nork. Ms. Hart appeals from both the judgment of nonsuit on the cause of action for fraud and from the judgment entered on the jury verdict on the negligence cause of action.

Evidence produced at trial revealed that appellant was involved in an automobile…