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[Download] "Mirabile v. Smith" by Fourth Appellate District District Court Of Appeal Of California # eBook PDF Kindle ePub Free

Mirabile v. Smith

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eBook details

  • Title: Mirabile v. Smith
  • Author : Fourth Appellate District District Court Of Appeal Of California
  • Release Date : January 13, 1953
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

One evening, appellant stepped out of her trailer home, fell forward, landing at least on one outstretched hand, and suffered a severe fracture of her left wrist. She went to respondent hospital where her doctor placed the wrist in a cast. While being transferred from the cast table to a wheel chair by respondent orderly, appellant slipped or was dropped to the floor. Subsequently it was noted that she had recently sustained a dislocation and fracture of the right shoulder which was then treated by her physician. Appellant filed this action alleging that the shoulder injury occurred as a result of the negligence of the orderly. The court found as follows: the orderly was a servant and agent of the hospital; appellant was intoxicated, which fact was known to respondents who failed to use reasonable care in handling appellant; as a result of their failure, appellant slipped from the arms of the orderly and fell to the floor; the injury to appellants right shoulder was not a direct and proximate result of such negligence. From these findings it may be inferred that the court found also that the shoulder injury occurred prior to appellants entrance into the hospital.


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