This section contains the nature of the case and procedural background.

Dr. Sparks, the anesthesiologist who participated, told D that the patient was ready for surgery, but the procedure was stopped immediately after D made an incision and found that Mrs. Gambill's blood was 'very dark (an indication of inadequate oxygen supply).' Ps offered the testimony of Dr. Mayfield and Dr. Mitchell, Jonesboro anesthesiologists. Dr. Sparks, also of Jonesboro, Dr. Quimby, an anesthesiologist who practices and teaches at Vanderbilt University Hospital, and Dr. Miles, a Little Rock neurologist, who testified that he was familiar with the standards of practice in Jonesboro or similar communities. Dr. Quimby had taught and practiced anesthesiology for five years at the Medical Center in Little Rock, during which time he conducted statewide seminars relating to types and techniques of anesthesia for general practitioners, surgeons, obstetricians, and anesthesiologists. He had obtained a law degree from the University of Pennsylvania in 1959. There is no indication that any witness offered by Ps was not permitted to testify, or that any pertinent testimony of any medical witness for Ps was excluded. It was uncontroverted that the standards of medical practice in Jonesboro, Little Rock, and Memphis were comparable. All of the parties tried the case under the same or similar locality rule. Ps made an objection to the reference to the locality rule, claiming that the locality rule is obsolete. The jury found for D, and Ps appealed.

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