McGRAW V. ST. JOSEPH'S HOSPITAL
488 S.E.2d 389 (1997)
NATURE OF THE CASE: McGraw (P) appealed a summary judgment for Hospital (D) in P's suit
for negligence based on two falls while at D.
FACTS: P was admitted D with shortness of breath. While four female employees of D helped
him into bed, P testified that he informed them they could not do it because he weighed too
much. After that statement all he could remember is that he 'had a sensation of falling.' A
short time later, he fell out of bed in the middle of the night. Yet again he was dropped
while four nurses attempted to get him back in bed. P suffered injuries from the falls. P
sued D for negligence for two of the drops. P claims he sustained a fractured neck and other
injuries in, about and upon his arms, knees and other parts of his body. D moved for summary
judgment in that P failed to produce expert testimony to show that D deviated from the
standard of care and that any deviation caused injury or damage. The motion as granted and P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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