Moon v. Mercy Hospital

Opinion by

Mr. Justice Frantz.

Does the complaint of Viola Moon, seeking to recover damages from the hospital for an alleged injurious tort, “state a claim upon which relief can be granted?” The trial court held that it did not, and accordingly entered a judgment of dismissal against her. This action of the trial court is the sole subject of attack by the present writ of error.

In substance the salient allegations of the complaint are: (1) that the hospital is a Colorado corporation; (2) that the hospital employed a doctor, “a resident in surgery, duly licensed to practice medicine in the State…