Wilbanks v. Hartselle Hospital, Inc.

This case is an appeal from the entry of a summary judgment in favor of the defendant hospital. The facts from which the dispute arose occurred in early August of 1970. The plaintiff was being treated in the defendant hospital for a sprained left knee. She maintains that while she was in the hospital a brown recluse spider bit the calf of her right leg, causing her serious injury. She sued the hospital claiming damages for negligence or breach of implied contract. In March of 1973, a jury awarded her $10,000.

The trial judge, however, granted the hospital's motion for a new trial on the…