Margaret Ann Peters, a Minor, by Lillian Peters, Her Mother and Next Friend v. Daniel Fitzpatrick

KNOCH, Circuit Judge

(dissenting).

I regretfully find myself in disagreement with the majority of the panel. I am not satisfied that there are inherent improbabilities in the defense offered in this case. That was a matter properly left for the jury’s consideration. I also have grave doubts as to whether a prima facie case was proved by the plaintiff.

I therefore would affirm the judgment of the Trial Court.