HORNBECK v. HOMEOPATHIC HOSPITAL ASSOCIATION


197 A.2d 461 (1964)

Gladys M. HORNBECK, Plaintiff, v. The HOMEOPATHIC HOSPITAL ASSOCIATION OF DELAWARE, Maurice A. Turner, M.D., Raymond W. Hillyard, M.D., and Mary C. Davidson, Defendants.

Superior Court of Delaware, New Castle.

January 29, 1964.


Attorney(s) appearing for the Case

David C. Rittenhouse (of Morris, Nichols, Arsht & Tunnell), Wilmington, for plaintiff.

Rodney M. Layton and Max S. Bell, Jr. (of Richards, Layton & Finger), Wilmington, for defendants Homeopathic Hospital Ass'n of Delaware, Maurice A. Turner and Raymond W. Hillyard.

Clyde M. England, Jr. (of Killoran & VanBrunt), Wilmington, for defendant Mary C. Davidson.


STIFTEL, Judge:

This is a medical malpractice case. Plaintiff's amended complaint relies solely on the doctrine of res ipsa loquitur. Defendants move for summary judgment claiming that the doctrine of res ipsa loquitur is inapplicable under the facts of this case and have filed an affidavit of an anesthesiologist to support their motion, which plaintiff moves to strike because it fails to comply with Superior Court Rule 56(e), Del.C.Ann.

Plaintiff...

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