Wilbanks v. Hartselle Hospital, Inc.

BRADLEY, Judge.

The appeal is from a verdict and judgment in favor of plaintiff, Virgie Hargrove Wilbanks, and against defendant, Hartselle Hospital, Inc., a corporation. Plaintiff’s complaint sought damages from defendant hospital for its negligence or breach of an implied contract by permitting plaintiff to be bitten by a spider while a patient in its care. After a trial before the court and jury the verdict and judgment of $10,000 was rendered. Thereupon a motion for a new trial was filed and, after a hearing, was granted. The appeal is from that judgment.

After the briefs had been filed but…