Puffinbarger

Plaintiffs-appellants Arthur Dale Puffinbarger and wife, in this wrongful death action, seek damages against defendant-respondent S. Kirby Day, Jr., M.D., alleging that plaintiffs were the father and mother of decedent Dana Puffinbarger; that on May 13, 1958, plaintiff wife took her daughter to defendant doctor for treatment of a boil abscess; that the child was taken by the doctor to the examination room and two or three hours later plaintiff wife was advised of the death of her 2%-year-old daughter as a result of the lancing of a boil; and that the child’s death was due to negligent diagnosis and treatment by the doctor.

Defendant answered, denied any negligence on his part, and contended that the child’s death was in no way attributable to his treatment, but was caused as a result of a toxic condition resulting from the infection caused by the boil, and set up the affirmative defense of contributory negligence of plaintiffs in that they failed to exercise proper care, custody and control of decedent, to properly limit and control her activities when she was sick and in a weakened condition due to an infection, and failed to properly care for her during this time.

The issues…