Mickey Porter v. Sisters of St. Mary D/B/A St. Joseph Hospital

JOHN R. GIBSON, Circuit Judge,

Mickey Porter appeals an order of the district court 1 granting St. Joseph Hospi tal’s motion for judgment notwithstanding the verdict. Porter, who suffered toxic shock syndrome following surgery intended to prevent future collapse of his lung, obtained verdicts of $3,000,000 against Dr. T.A. Schneider, the surgeon and attending physician, and $1,500,000 against St. Joseph Hospital. The district court ruled that Porter had failed to show that the hospital expressly ordered or directed the acts of Dr. Schneider and, therefore, had failed to make a submissible case…