Carr

Plaintiff, Arline Carr, brought this action against defendant, Lloyd Dickey, a dentist, for malpractice and for an assault and battery. At the close of plaintiff’s case the trial court granted defendant’s motion for a nonsuit as to both causes of action. Judgment was entered accordingly, and plaintiff appeals.

The ease involves the extraction of a tooth of plaintiff by defendant. For purposes of clarity, something should be said about how the teeth involved are indicated in the record. According to the system used by defendant, the lower left wisdom tooth is designated Number 17. That tooth had been extracted by defendant prior to the events here involved. The molar next to the wisdom tooth, the second lower left molar, and the back tooth after the wisdom tooth was removed, is designated as Number 18. The next tooth in front of that, or the first lower left molar, is designated as Number 19.

The complaint alleges, in the malpractice count, that defendant negligently extracted the first lower left molar (No. 19) of plaintiff, a tooth that was sound and perfect, and allowed the second lower left molar (No. 18), a diseased and decayed tooth, to remain in plaintiff’s jaw. The…