Hornbeck v. Homeopathic Hospital Association

Stiftel, Judge:

This is a medical malpractice case. Plaintiff’s amended complaint relies solely on the doctrine of res ipso loquitur. Defendants move for summary judgment claiming that the doctrine of res ipso loquitur is inapplicable under the facts of this case and have filed an affidavit of an anesthesiologist to support their motion, which plaintiff moves to strike because it fails to comply with Superior Court Rule 56 (e), Del. C.

Plaintiff went to the defendant hospital for thle removal of a herniated disc. Prior to the operation on March 2, 1961, plaintiff was. given a spinal injection…