Legal Opinion

Harder v. F.C. Clinton, Inc.

Supreme Court of Oklahoma

Decided November 4, 1997No. 86426PublishedCited by 51 opinions

1Opinion of the Court

OPALA, Justice.

The dispositive question before this court is whether the trial court erred by directing a verdict for the defendant at the close of the plaintiffs evidence that followed a res ipsa loquitur pattern of proof. We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

Ethel Kayser [Kayser] was admitted on July 14, 1992 to the Heritage Care Center [Heritage, Center, or nursing home]. On the evening of September 30,1992 she was transferred to the Clinton Regional Hospital after ingesting an overdose of Tolbutamide, a diabetic medication. There she was diagnosed as having a…

2Cases cited72 opinions

  1. Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
  2. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  3. Gilbert v. Korvette's Inc.Supreme Court of Pennsylvania · 1974
  4. Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
  5. Seneris v. HaasCalifornia Supreme Court · 1955

67 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Zeier v. Zimmer, Inc.Supreme Court of Oklahoma · 2006
  2. Cities Service Co. v. Gulf Oil Corp.Supreme Court of Oklahoma · 1999
  3. Johnson v. Hillcrest Health Center, Inc.Supreme Court of Oklahoma · 2003
  4. Smith v. HinesSupreme Court of Oklahoma · 2011
  5. Jones v. Mercy Health Center, Inc.Supreme Court of Oklahoma · 2007

46 more not listed; retrieve them via the Exa API.

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