Virginia Insurance Reciprocal v. Vogel

John Mauzy Pittman, Judge.

The appellee in this tort case, a very elderly woman, brought this action alleging that she was injured through the negligence of Crittenden Memorial Hospital when she was caught in the automatic doors at a professional office building leased and operated by the hospital. The jury returned a verdict in favor of appellant, the hospital’s insurer. Appellee subsequently moved for a new trial. The trial court granted appellee’s motion for a new trial on the grounds of newly discovered evidence and erroneous failure to instruct the jury on res ipsa loquitur. From that…