SELLARS v. PRESBYTERIAN INTERCOMMUNITY HOSPITAL


559 P.2d 876 (1977)

277 Or. 101

Edith M. SELLARS, Respondent, v. PRESBYTERIAN INTERCOMMUNITY HOSPITAL, a Hospital Association, Appellant.

Supreme Court of Oregon.

Decided February 3, 1977.


Attorney(s) appearing for the Case

Stanley C. Jones, Giacomini, Jones & Zamsky, Klamath Falls, argued the cause and filed briefs for appellant.

Hal F. Coe, Klamath Falls, argued the cause for respondent. With him on the brief was Alan M. Lee, Smith & Lee, Klamath Falls.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, HOLMAN, TONGUE and BRYSON, JJ.


DENECKE, Chief Justice.

The plaintiff patient prevailed in this malpractice action against the defendant hospital. The hospital appeals.

The hospital contends the trial court erred in not granting its motion for a directed verdict. The basis of the motion was that the doctrine of res ipsa loquitur does not apply and without it there is insufficient evidence to submit the case to the jury.

As the defendant contends the evidence did not make a case for...

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