Scherer v. Ravenswood Hospital Medical Center

Plaintiff appeals from an order entered by the trial court sitting without a jury granting defendant’s motion for a “directed verdict” at the close of plaintiff’s evidence. This case in part involves the issue of whether a mutual mistake of fact existed so as to authorize setting aside a release executed by plaintiff through his father and next friend in favor of defendant. No findings were made by the trial judge with respect to any factual issues.

During the fall of 1961, when plaintiff was less than two months old, he was admitted to the Ravenswood Hospital Medical Center (sometimes…