Legal Opinion

Summers v. Wallace Hospital

Court of Appeals for the Ninth Circuit

Decided March 17, 1960No. 16400PublishedCited by 13 opinions

1Opinion of the Court

HAMLEY, Circuit Judge.

In this Idaho malpractice case brought in federal court because of diversity of citizenship, judgment of dismissal was entered on a directed verdict for defendants. The verdict was so directed on the ground that the action was barred by the statute of limitations. Elsie Summers, the plaintiff, appeals.

The facts are simple and not in dispute. In March 1951 Dr. Hubert E. Bonebrake, one of the appellees, utilizing the facilities of appellee hospital, performed upon appellant a surgical operation known as a total hysterectomy. In so doing a curved surgical needle was…

2Cases cited21 opinions

  1. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  4. Ayers v. MorganSupreme Court of Pennsylvania · 1959
  5. Huysman v. KirschCalifornia Supreme Court · 1936

16 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Fernandi v. StrullySupreme Court of New Jersey · 1961
  2. Davis v. Wyeth Laboratories, Inc.Court of Appeals for the Ninth Circuit · 1968
  3. Raymond v. Eli Lilly & Co.District Court, D. New Hampshire · 1976
  4. Thomas F. Clardy v. Duke University, a Corporation, and R. Charman CarrollCourt of Appeals for the Fourth Circuit · 1962
  5. In Re MendenhallUnited States Bankruptcy Court, D. Oregon · 1980

8 more not listed; retrieve them via the Exa API.

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