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ARTERBURN v. ST. JOSEPH HOSPITAL & REHABILITATION CENTER

No. 47,981

220 Kan. 57 (1976)

551 P.2d 886

WILLIAM ARTERBURN, Appellant, v. ST. JOSEPH HOSPITAL AND REHABILITATION CENTER, Appellee and Third Party Appellant, v. THE ANDERSON COMPANY, Third Party Appellee.

Supreme Court of Kansas.

Opinion filed June 12, 1976.

Attorney(s) appearing for the Case

Jerry K. Levy, of Michaud, Cranmer, Syrios, Post and Levy, of Wichita, argued the cause, and J. Harold Williams, of the same firm was with him on the brief for the appellant.

Timothy E. McKee, of Jochems, Sargent and Blaes, of Wichita, argued the cause, and Emmet A. Blaes, of the same firm was with him on the brief for the appellee and third party appellant.

Jerry G. Elliott, of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and William R. Sampson, of the same firm was with him on the brief for the third party appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is a negligence action against a hospital for damages allegedly incurred when a hospital bed malfunctioned and ruptured a patient's spleen. Jury trial resulted in a verdict for the hospital. The patient's appeal involves the correctness of an instruction on circumstantial evidence and the refusal to instruct on res ipsa loquitur. A third party appeal, if reached, involves the propriety of summary...

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