Schulz v. St. Mary's Hospital

While the central issue on this appeal relates to the damage awards made by the jury, and whether the evidence in this record sustains them, discussion will begin with the other issues raised.

NEGLIGENCE OF THE PLAINTIFF.

One of the special verdict questions asked the jury whether, the hospital having conceded negligence in serving urn cleaner on a patient’s tray, the plaintiff was also negligent in taking the two swallows and one sip. The defendant hospital requested the trial court to answer this question in the affirmative as a matter of law. The trial court refused and the jury found that…