Koepel v. St. Joseph Hospital and Medical Center

Defendant appeals from a judgment on a jury verdict and claims as his first assignment of error that the trial court should have directed a verdict for defendant at the close of plaintiff’s proofs because of plaintiff’s failure to establish a prima facie case of negligence. We. therefore set forth the evidence in a light most favorable to plaintiff.

On June 22, 1961, Miss Barbara Laurie, an employee of the defendant hospital, prepared the plaintiff for an appendectomy. It was Miss Laurie’s responsibility to properly situate plaintiff on the operating table and apply any necessary restraints.…