Lomayestewa v. Our Lady of Mercy Hospital

REED, Justice.

The movant, Jessica Lomayestewa, a 28-year-old Navajo Indian, is a victim of Grand Mai epilepsy and emotional derangement. While a patient at respondent, Our Lady of Mercy Hospital, she either jumped or fell through a window in a room she was occupying in the psychiatric ward of the hospital. Her fall to the ground produced personal injuries and she sued the hospital for these damages.

At the trial, the judge submitted to the jury the issues of the hospital’s negligence and Jessica’s contributory negligence. The jury returned a general verdict in favor of the hospital. From a…