Welker v. Scripps Clinic & Research Foundation

The plaintiff, who is the respondent herein, sued the defendant, which is the appellant herein, for damages on account of injuries sustained while she was a patient at a hospital operated by the defendant; alleged that her injuries were caused by the defendant’s negligence; and recovered judgment. The defendant appeals, contending that the trial court erred in refusing to submit to the jury the issue of contributory negligence, which had been pleaded as a defense, and in instructing the jury that the doctrine of res ipsa loquitur applied to the ease as a matter of law.

The primary issues on…