HOWARD v. RESEARCH HOSPITAL & MEDICAL CTR., INC.

No. KCD 28842.

563 S.W.2d 111 (1978)

Ruth HOWARD, Respondent, v. RESEARCH HOSPITAL AND MEDICAL CENTER, INC., Appellant.

Missouri Court of Appeals, Kansas City District.

February 27, 1978.


Attorney(s) appearing for the Case

John M. Kilroy and W. James Foland, Kansas City, for appellant; Shughart, Thomson & Kilroy, Kansas City, of counsel.

M. Randall Vanet, Kansas City, for respondent.

Before PRITCHARD, P. J., SWOFFORD, C. J., and DIXON, J.


PRITCHARD, Presiding Judge.

Respondent, having had the verdict of a jury against her, was granted a new trial because of error in giving Instruction No. 5 upon her contributory negligence in failing to call nurse assistance to get out of bed, and in ripping off a "Posey" (a restraining device), in that it omitted the element of whether or not she was in a confused or disoriented condition at the time of her fall.

Appellant contends that respondent failed to...

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