Howard v. Research Hospital & Medical Center, Inc.

PRITCHARD, Presiding Judge.

Respondent, having had the verdict of a jury against her, was granted a new trial because of error in giving Instruction No. 5 upon her contributory negligence in failing to call nurse assistance to get out of bed, and in ripping off a “Posey” (a restraining device), in that it omitted the element of whether or not she was in a confused or disoriented condition at the time of her fall.

Appellant contends that respondent failed to make a submissible case of its negligence, as submitted, that it failed properly to restrain respondent or failed to provide her with…