MOON v. MERCY HOSPITAL

No. 19960.

373 P.2d 944 (1962)

Viola MOON, Plaintiff in Error, v. MERCY HOSPITAL, Defendant in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied August 27, 1962.


Attorney(s) appearing for the Case

Wallace McCamant, Denver, for plaintiff in error.

T. Raber Taylor, Denver, for defendant in error.


FRANTZ, Justice.

Does the complaint of Viola Moon, seeking to recover damages from the hospital for an alleged injurious tort, "state a claim upon which relief can be granted"? The trial court held that it did not, and accordingly entered a judgment of dismissal against her. This action of the trial court is the sole subject of attack by the present writ of error.

In substance the salient allegations of the complaint...

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