Hackathorn v. Lester E. Cox Medical Center

PREWITT, Presiding Judge.

Defendant is a non-profit corporation operating a hospital. Plaintiff was a patient in defendant’s hospital when he suffered burns caused by a heating pad. Following jury trial plaintiff received judgment for $25,000. Defendant appeals.

The first contention presented by defendant is that the trial court erred in refusing to submit an instruction patterned after MAI 37.02 submitting fault of plaintiff. Plaintiff contends the instruction was improper because there was no evidence of fault by him or that any fault caused or contributed to plaintiff’s damages.

In…