Case Brief Hawkins V Mcgee
Patrick Haines
JLC 101
Prof. Edelson
9/11/14
Hawkins v McGee case brief
Case Name: Hawkins v. McGee, 84 N.H. 114, 146 A. 641.(1929)
Facts: Mr. Hawkins, the Plaintiff had undergone reconstructive surgery by Dr. McGee,the defendant, in order to remove scar tissue on his hand that had resulted from an electrical wire accident nine years prior to the transaction. The procedure called for the removal of the scar tissue from his palm and the grafting of skin from his chest in its place. When asked about how long the procedure would take, the plaintiff claims the defendant replied “ Three or four days, not over four;then the boy will go home and it will be just a few days when he will go back to work with a good hand”. On top of this assumed promise of a successful procedure, the plaintiff claimed that the defendant had repeatedly talked to the defendant’s father about the opportunity of “experimenting with skin grafting”. The plaintiff agreed to the procedure, but it was unsuccessful. The plaintiff’s hand did …show more content…
McGee, for what he saw as a breach of contract and filed for reparation of damages resulting. A trial by jury ensued. The jury was given instructions two elements of damage when determining the weight of the damages the plaintiff had suffered. The first element involved any ill effects on the plaintiff’s hand from the surgery, while the second element weighed the pain and suffering the resulted from the procedure. The jury decided in the plaintiffs favor that there was a contract and then awarded the plaintiff $3000 in damages. The defendant appealed the ruling and it was heard by the New Hampshire Supreme Court who ruled that the awarded damages were “excessive and against the weight of evidence”. The defendant was ordered to remit all but $500 dollars of the damages but refused to remit and thus the court ordered the verdict to be set aside. The verdict on breach of contract did stand
JLC 101
Prof. Edelson
9/11/14
Hawkins v McGee case brief
Case Name: Hawkins v. McGee, 84 N.H. 114, 146 A. 641.(1929)
Facts: Mr. Hawkins, the Plaintiff had undergone reconstructive surgery by Dr. McGee,the defendant, in order to remove scar tissue on his hand that had resulted from an electrical wire accident nine years prior to the transaction. The procedure called for the removal of the scar tissue from his palm and the grafting of skin from his chest in its place. When asked about how long the procedure would take, the plaintiff claims the defendant replied “ Three or four days, not over four;then the boy will go home and it will be just a few days when he will go back to work with a good hand”. On top of this assumed promise of a successful procedure, the plaintiff claimed that the defendant had repeatedly talked to the defendant’s father about the opportunity of “experimenting with skin grafting”. The plaintiff agreed to the procedure, but it was unsuccessful. The plaintiff’s hand did …show more content…
McGee, for what he saw as a breach of contract and filed for reparation of damages resulting. A trial by jury ensued. The jury was given instructions two elements of damage when determining the weight of the damages the plaintiff had suffered. The first element involved any ill effects on the plaintiff’s hand from the surgery, while the second element weighed the pain and suffering the resulted from the procedure. The jury decided in the plaintiffs favor that there was a contract and then awarded the plaintiff $3000 in damages. The defendant appealed the ruling and it was heard by the New Hampshire Supreme Court who ruled that the awarded damages were “excessive and against the weight of evidence”. The defendant was ordered to remit all but $500 dollars of the damages but refused to remit and thus the court ordered the verdict to be set aside. The verdict on breach of contract did stand