(Download) "Butzow v. Wausau Memorial Hospital and" by Supreme Court of Appeals of West Virginia ~ Book PDF Kindle ePub Free
eBook details
- Title: Butzow v. Wausau Memorial Hospital and
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 02, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This appeal is by the plaintiff Julia G. Butzow from an order sustaining a demurrer to her complaint on the ground she improperly joined two causes of action. In the first cause of action she alleges she broke her hip on September 25, 1969, when she slipped on a poorly maintained sidewalk as she was entering an A&P store in the city of Phillips, Price county. The city of Phillips, the owner of the building Ida Soliday, and the Great Atlantic & Pacific Tea Company, the lessee of the building, are joined as defendants upon the theory they are jointly and severally liable for the condition of the sidewalk. The cause of action alleges that because of her fall on the sidewalk it was necessary for her to be hospitalized in the Wausau Memorial Hospital in Marathon county and while there she either crawled or fell out of bed twice as a result of the negligence of the hospital in caring for her. It is alleged the damages and injuries from the two sources of negligence are inseparable as a practical matter and the injury resulting from the negligence of the hospital was a foreseeable consequence of the medical and hospital care required as the result of the fall of September 25, 1969. Consequently, her demand for damages on this cause of action is for all her damages from both sources of negligence.