The defendant, attempting to heal the plaintiff, left him blind in one eye. The plaintiff has sued in trespass, a forerunner of today’s tort action. The defendant made a procedural argument, claiming that the plaintiff should have brought an action of covenant.

1. Did the plaintiff bring the wrong type of suit? Assuming the defendant’s care was defective, could he be liable in any type of action?

2. What is a procedural argument?

3. Why did the defendant’s attorney make a procedural argument?

4. Is it good to allow procedural arguments?

5. In a lawsuit today, would the plaintiff need to demonstrate that the defendant deliberately harmed him?