CITY OF SOMERSET v. HART


549 S.W.2d 814 (1977)

CITY OF SOMERSET and Somerset City Hospital, Appellants, v. Richard Louie HART, Appellee.

Supreme Court of Kentucky.

April 1, 1977.


Attorney(s) appearing for the Case

Robert L. Milby, Hamm, Taylor, Milby & Farmer, London, for appellants.

Brown, Sledd & McCann, Lexington, Sutton, Higgason & Davis, Corbin, for appellee.


LUKOWSKY, Justice.

This is an appeal by the Hospital and its alter ego, the City, from their share of a $28,144.38 malpractice judgment in favor of Hart. The verdict of the jury apportioned the recovery forty percent or $11,257.75 against the operating surgeon and sixty percent or $16,886.63 against the Hospital and the City. The surgeon has paid his share and gone forth rejoicing.

In July of 1970 Hart was afflicted with a kidney stone. His family physician...

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