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LOMAYESTEWA v. OUR LADY OF MERCY HOSPITAL

No. 78-SC-536-D.

589 S.W.2d 885 (1979)

Jessica LOMAYESTEWA, Movant, v. OUR LADY OF MERCY HOSPITAL (Religious Sisters of Mercy of the Union of the United States of America), Respondent.

Supreme Court of Kentucky.

Rehearing Denied November 20, 1979.

Attorney(s) appearing for the Case

Charles E. Moore, Moore, Moore & Hager, Owensboro, for movant.

Clarence McCarroll, Bartlett, McCarroll & Nunley, Owensboro, for respondent.

REED, Justice.

The movant, Jessica Lomayestewa, a 28-year-old Navajo Indian, is a victim of Grand Mal epilepsy and emotional derangement. While a patient at respondent, Our Lady of Mercy Hospital, she either jumped or fell through a window in a room she was occupying in the psychiatric ward of the hospital. Her fall to the ground produced personal injuries and she sued the hospital for these damages.

At the trial, the judge submitted to the jury the issues...

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