Downey v. Mobile Infirmary Medical Center

Because I believe the trial court erred in charging the jury on contributory negligence, I must respectfully dissent.

T.C. Downey was admitted to the Mobile Infirmary Medical Center (“Mobile Infirmary”) for treatment of an abdominal aneurysm. After surgery, and while in satisfactory condition, he was placed in the Surgical Intensive Care Unit (“SICU”). While in SICU, Mr. Downey fell from his bed; he died as a result of the fall. Ollie H. Downey, as the administratrix of T.C. Downey’s estate, sued Mobile Infirmary for damages for wrongful death, alleging that while Mr. Dow-ney was a patient in…