Hash v. Children's Orthopedic Hospital & Medical Center

This is an action to determine the propriety of a summary judgment in favor of respondent Children's Orthopedic Hospital (COH) finding no liability for the fracture of the respondent Joanne Marie Hash's left femur during a physical therapy session. We affirm the Court of Appeals holding that the summary judgment was improper.

Joanne Marie Hash was a 6-year-old patient undergoing physical therapy for rheumatoid arthritis at COH when she suffered "a proximal shaft fracture with displacement of the left femur." Clerk's Papers, at 2. In her complaint Hash alleged that the fracture was caused by…