Gonzalez v. Mercy Hospital, Inc.

Plaintiffs-appellants Blanca and Aníbal Gonzalez appeal from a judgment in favor of defendant-appellee Mercy Hospital, Inc. We reverse.

In May 1996 Aníbal Gonzalez was recovering from heart surgery at Mercy Hospital. During a visit to his room, his wife Blanca slipped and fell, breaking her hip. The plaintiffs contended that Blanca slipped in water spilled on the floor by a hospital employee, a claim denied by the hospital. Plaintiffs sued the hospital for negligence and the matter was tried before a jury.

The record of the trial reveals that the trial judge actively participated in…