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HELTON v. SISTERS OF MERCY OF ST. JOSEPH'S HOSPITAL

No. 5-2501.

351 S.W.2d 129 (1961)

Sharon Diane HELTON, by Sanders Helton, Her Father and Next Friend, and Sanders Helton, Individually, Appellants, v. SISTERS OF MERCY OF ST. JOSEPH'S HOSPITAL, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 11, 1961.

Attorney(s) appearing for the Case

McMath, Leatherman, Woods & Youngdahl, Little Rock, Belli, Ashe & Gerry, San Francisco, Cal., for appellants.

Wootton, Land & Matthews, Hot Springs, for appellee.

Spitzberg, Bonner, Mitchell & Hays, Little Rock, amicus curiae on behalf of Arkansas Hospital Ass'n.

ROBINSON, Justice.

This action arose out of injuries sustained by Sharon Diane Helton, a minor, while being examined at appellee's hospital in Hot Springs. The suit was filed by the little girl's father as next friend, and by the father individually, against the Sisters of Mercy of St. Joseph's Hospital in Hot Springs. On November 22, 1960, appellant filed a tort action in the Garland Circuit Court, alleging that on the 12th day of November, 1959, Sharon was delivered...

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