McCoy v. Wesley Hospital & Nurse Training School

The opinion of the court was delivered by

Schroeder, J.:

This is an action to recover damages for personal injuries received by a patient, Roy W. McCoy, while in the defendant hospital where he was permitted to fall from a bed on February 18,1956, while under the influence of sedation and anesthetics.

Subsequent to the patient’s death on the 20th day of January, 1959, the action was revived in the name of the administrator of his estate, Greston T. McCoy, who filed a second amended petition. The theory of the plaintiff’s action was framed in two counts, one in tort and the other, in the…