McCall v. St. Joseph's Hospital

The question involved in this case is hospital liability under the doctrine of res ipsa loquitur for staphylococcus infection occurring after and in connection with an operation performed in the defendant hospital. The district court sustained the defendant’s motion for summary judgment, holding that there was no genuine issue, of fact presented by the pleadings' and the evidence. We affirm the judgment of the district court.

The plaintiff, for reversal, relies on the contentions that there were genuine issues of fact on the propositions: (1) That the hospital was in exclusive control of the…