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SCHUSTER v. ST. VINCENT HOSPITAL

No. 137.

45 Wis.2d 135 (1969)

172 N.W.2d 421

SCHUSTER, Appellant, v. ST. VINCENT HOSPITAL OF THE HOSPITAL SISTERS OF THE THIRD ORDER OF ST. FRANCIS SISTERS, Respondent.

Supreme Court of Wisconsin.

Decided December 2, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Berk & Pressentin of Green Bay, and oral argument by Bernard Berk.

For the respondent there was a brief by Davis, Soquet & Cherney, and oral argument by David J. Condon, all of Green Bay.

HEFFERNAN, J.

The appellant's basic contention, and upon the determination of which must hinge our decision of the case, is that the duty of a hospital toward a patient in respect to the custodial care given him is a duty higher than that of ordinary care. This higher duty, he argues, should be expressed as a duty of reasonable care. The trial judge concurred in plaintiff's reasoning, but denied plaintiff's motions on the ground that his instructions...

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