McCALL v. ST. JOSEPH'S HOSPITAL

No. 36946.

165 N.W.2d 85 (1969)

184 Neb. 1

Frances McCALL, Appellant, v. ST. JOSEPH'S HOSPITAL, Appellee.

Supreme Court of Nebraska.

February 14, 1969.


Attorney(s) appearing for the Case

Shrout, Nestle & Caporale, Omaha, for appellant.

Kennedy, Holland, DeLacy & Svoboda, Joseph P. Cashen, Lyman L. Larsen, William J. Riedmann, Omaha, for appellee.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and STUART, District Judge.


WHITE, Chief Justice.

The question involved in this case is hospital liability under the doctrine of res ipsa loquitur for staphylococcus infection occurring after and in connection with an operation performed in the defendant hospital. The district court sustained the defendant's motion for summary judgment, holding that there was no genuine issue of fact presented by the pleadings and the evidence. We affirm the judgment of the district court.

The plaintiff...

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