O'Quin v. Baptist Memorial Hospital

Mr. Justice; Prewitt

delivered the opinion of the Court.

This is a suit for damages for personal injuries resulting in the death of Clovis Higgins by being shot by two Memphis police officers while a patient of the defendant, Baptist Memorial Hospital. There was a jury trial, and at the close of the plaintiff’s proof the court sustained the defendant’s motion for a peremptory instruction and dismissed the suit of the plaintiff. On appeal in error to the Court of Appeals that Court reversed the judgment of the trial court, holding that there was evidence of negligence on the part of the…