Moore v. Jefferson Hospital, Inc.

The issue in this case is whether the plaintiff’s motion for judgment stated a cause of action.

James Howery Moore, the plaintiff, filed a motion for judgment against Jefferson Hospital, Inc., and Phyllis K. Hatter, its employee, seeking to recover compensatory and punitive damages for “injuries and illnesses” alleged to have been suffered by him when he was a patient in the hospital. The motion for judgment alleged as follows:

That on March 21, 1963, plaintiff was a patient in the hospital, under the care of Dr. John D. Varner, for the purpose of having surgery performed on his back, and on…