Wolner v. Bogaev

Steele Hays, Justice.

This is an appeal from a summary judgment in ■ a medical malpractice case. Two days before entering the hospital for a prostatic condition, Mr. Harry Wolner, age 83, fell backwards while climbing stairs in his home. The fall was noted on hospital and medical records.

On March 10, 1983 Mr. Wolner underwent prostatic surgery. He was up on the 11th and on the 12th spent several hours seated in a chair in his room, “alert and oriented.” On the morning of the 13th Mr. Wolner got up from his chair to go to the bathroom and fell, breaking his arm. Suit was filed against St.…