Olson Ex Rel. Olson v. St. Joseph's Hospital

STEPHEN L. MAXWELL, Justice. *

A jury returned a general verdict of $18,-750 for plaintiff, Donald Olson, for “burns” he suffered while he was hospitalized at defendant St. Joseph’s Hospital. 1 The trial court granted defendant’s motion for a new trial on the ground that it had committed fundamental error by instructing the jury on res ipsa loquitur. Plaintiff appealed and defendant seeks review of the denial of its motion for judgment notwithstanding the verdict. We reverse.

Plaintiff, a 44-year old spastic quadriplegic, is unable to communicate or to care for himself, and lives with' his…