Byron T. Weeks, Guardian Ad Litem of Valerie Weeks, a Minor v. Latter-Day Saints Hospital, a Corporation

HICKEY, Circuit Judge.

Appellee Valerie Weeks, through her guardian ad litem commenced an action against appellant L.D.S. Hospital in the Federal District Court in Utah. Appellee sought damages for body burns caused by the alleged negligence of the hospital. The trial court at the close of the evidence directed a verdict against the hospital on the issue of liability and submitted the case to the jury for the determination of damages. The jury was instructed on damages and returned a verdict in the amount of $44,000.00. The hospital appealed the judgment and verdict.

The appeal presents four…