Peggy Ray Walker Kingston v. M. S. McGrath

This appeal is from a judgment of involuntary dismissal, Fed.Rules Civ.Proc., Rule 41(b), 28 U.S.C.A., entered in an action brought by appellant, a California citizen, against appellee and others, citizens of Idaho, to recover damages allegedly resulting from medical malpractice in the diagnosis and treatment of critical neck and back injuries sustained by appellant in an automobile accident near Weiser, Idaho.

Federal jurisdiction was invoked on the ground of diversity of citizenship. 28 U.S.C. § 1332 . Since the alleged tortious acts occurred in Idaho, the substantive law of that state governs. Erie R. Co. v. Tompkins, 1938, 304 U.S. 64, 78 , 58 S.Ct. 817 , 82 L.Ed. 1188 ; cf. Guaranty Trust Co. v. York, 1945, 326 U.S. 99, 108-109 , 65 S.Ct. 1464 , 89 L.Ed. 2079 .

Upon the conclusion of appellant’s casein-chief, in a trial by jury, the District Court granted motions to dismiss and entered judgment in favor of all defendants; but appellant appeals only from the judgment in favor of appellee, the practicing physician and surgeon who was in charge of appellant’s case during her hospital confinement.

The motions were made “upon the ground and for the reason that upon the facts…