The appellant sued her gynaecologist for negligence after she fainted and injured her ankle while left unattended following a pelvic examination.
A jury found the physician was not negligent and the action was dismissed.
The appellant appealed, arguing that defence counsel's opening and closing addresses were inflammatory and that the trial judge's charge to the jury was inadequate.
The Court of Appeal dismissed the appeal, finding that the trial judge's correcting instructions adequately remedied any prejudice from counsel's inappropriate comments, and that the jury charge, while not perfect, sufficiently identified the issues and related them to the evidence and legal principles.
