Perin v. Hayne The case, heard in the appeal court from a directed verdict for a malpractice allegation. The plaintiff suffered from two protruding disks of the fifth, and sixth cervical interspaces that caused her to suffer with pain. Dr. Hayne performed the cervical fusion of disks, and the surgery was successful in eliminating her pain. However, the plaintiff alleged, the defendant injured the right recurrent laryngeal nerve during surgery. The plaintiff’s voice reduced to a hoarse whisper because of the operation. The plaintiff sues for damages on four theories: specific negligence, breach of express warranty, res ipsa loquitur, and battery or trespass. An expert witness claimed the procedure of the surgery would be unusual to disrupt the laryngeal nerve during this type of surgery. The defendant testified that the plaintiff’s laryngeal nerve might have been extremely sensitive to this type of injury. Due to insufficient evidence on all four theories, the case was in favor of the defendant by directed verdict. The appeal court affirmed.
Describe the advantages of incorporation as opposed to organization as a partnership. …show more content…
While, the partnership consists of two owners, and both are personally liable for debts of the organization. The incorporation does not dissolve because of the death or disability of the owner. The partnership automatically ends, when one of the owners dies. However, the organization of the partnership does not end. The incorporation owners are only taxed on the distributions of income they receive, not on their proportionate shares of the entire corporate profit. Incorporation tax rates are lower than personal tax rates. Another advantage to incorporations, the access to equity capital, is a major consideration when expanding or obtaining new