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Kyler Juckins

Hawkins v. McGee
New Hampshire Supreme Court, 1929
Facts: McGee, who is a doctor in NH offered his services to Hawkins in
order to remove a considerable amount of scar tissue from the palm of
the plaintiffs right hand and grafting skin from the plaintiffs chest in
place of the scar tissue. The plaintiffs father asked the doctor how long
the boy would be in the hospital. Doctor responded with 3 to 4 days,
not over four. Doctor also stated in front of Plaintiff that the doctor
guarantees to make the hand a 100 percent perfect hand, or a 100
percent good hand
Issue: Do the doctors words establish the giving of a warranty in
accordance with his contention?
Holding: The defendant spoke the words with the intention that the
plaintiff and the father should accept them at their face value and as
an inducement for the granting of consent to the operation. Also,
found the trial court had erred, and ordered a new trial on the issue of
the calculation of damages.
Disposition: Remanded to the lower court
Reasoning: The trial court had instructed that the jury could consider
the (1) pain and suffering due to the operation; and (2) positive ill
effects of the operation upon the plaintiffs hand). Ordered a new trial
on the calculation of damages.