Synnott v. Midway Hospital

Murphy, Justice.

Appeal from an order of the district court denying defendant’s motion for a new trial in a medical malpractice action arising from a burn sustained by plaintiff Dorothy Synnott while in surgery. The issue is whether the negligent acts of an X-ray technician employed by defendant hospital, who utilized X-ray equipment and procedures prior to surgery, are to be imputed to the hospital as a matter of law. Defendant also contends that the trial court erred in permitting plaintiffs to call as an adverse witness under Rule 43.02, Rules of Civil Procedure, an employee of defendant…