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De May v. Roberts

Michigan Supreme Court

9 N.W. 146 (1881)

Relevant factsFree

Doctor De May (defendant) brought his young, unmarried, medically inexperienced assistant Scattergood to help carry equipment while attending to Roberts (plaintiff), a woman confined to bed during childbirth; Roberts consented to Scattergood's presence believing he was a doctor, medical student, or medical assistant, and Scattergood held her hand during a painful episode, after which Roberts sued upon learning his true, non-medical character and that De May had intended to deceive her.

IssueFree

Whether, if someone consents to a person's presence in her home but later learns that the person's credentials had been misrepresented, she may maintain an action and recover damages once she discovers the person's true character.

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