Chapman v. St. Francis Hospital, Inc.

Banke, Judge.

Plaintiff appeals the order of the trial court granting summary judgment to defendant, St. Francis Hospital, in an action to recover damages arising out of the death of her decedent from burns he suffered while a patient. The issue before us is whether under the evidence a jury could determine that the hospital through its agents and servants breached a duty to prevent the injury to decedent.

The evidence shows that the decedent, Earney Benefield, was 78 years old when admitted to the hospital. Although in dispute, there is also evidence to show that he suffered periods of…