Munson v. Bishop Clarkson Memorial Hospital

Plaintiff seeks, to recover for personal injuries sustained in a fall while crawling out over the foot of a hospital bed. Verdict and judgment were entered for defendant. On appeal, the only question presented is the propriety of an instruction on assumption of risk. We affirm the judgment of the district court.

The propriety of the instruction on assumption of risk depends upon the evidence. Was there evidence, although not undisputed, to support it? Plaintiff maintains that shortly after 9 p.m. on April 22, 1967, while in a hospital bed with the side rails raised, she found it necessary to…