CALVIN R. MAPP, APPELLANT,
v.
CEDARS OF LEBANON HOSPITAL, INC., APPELLEE
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The court held that the trial court erred in directing a verdict for the defendant because the doctrine of res ipsa loquitur should have been applied.
The plaintiff sued the defendant hospital for negligence after a hospital bed collapsed, injuring him. There was no direct evidence of the cause of th…
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This is an appeal by Calvin R. Mapp, plaintiff below, from a final judgment entered in favor of the defendant, Cedars of Lebanon Hospital, Inc., upon the granting of its motion for directed verdict at the close of plaintiff’s case.
Plaintiff’s complaint charged that the defendant was guilty of negligence in permitting the hospital bed in which the plaintiff was lying to fall and injure him when it was being pulled away from the wall by a nurse of the defendant.
There was no evidence adduced at the trial as to the cause of the collapse of the leg of the bed. However, plaintiff contends that he was entitled to the application of the doctrine of res ipsa loquitur and that the inferences to which he was entitled thereunder established a prima fa-cie case of negligence against the defendant. Therefore, plaintiff contends that it was error for the trial judge to direct a verdict for the defendant.
We agree, and reverse upon the authority of West Coast Hospital Ass’n v. Webb, Fla.1951, 52 So.2d 803; South Florida Hospital Corporation v. McCrea, Fla.App.1960, 118 So.2d 25; National Airlines, Incorporated v. Fleming, Fla.App.1962, 141 So.2d 343; Williams v. Orange Memorial Hospital Association, Fla.App.1967, 202 So.2d 859, and remand the cause to the trial court for purposes of a new trial.
Reversed and remanded, with directions.
HENDRY, J., dissents.
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Dayton Tire & Rubber Co. v. Davis, 348 So. 2d 575 (Fla. 1st DCA 1977)…yhound Corp. v. Ford, 157 So. 2d 427 (Fla.2d DCA 1963); Stanek v. Houston, 165 So. 2d 825 (Fla.2d DCA 1964); LaMack v. Fountainbleau Hotel Corp., 186 So. 2d 31 (Fla.3d DCA 1966); Holman v. Ford Mot. Co., supra; Mapp v. Cedars of Lebanon Hosp., Inc., 249 So. 2d 521 (Fla.3d DCA 1971); Coca-Cola Bottling Co. v. Clark, 299 So. 2d 78 (Fla. 1st DCA 1974), cert. dism., 301 So. 2d 100 (Fla. 1974); Burgin v. Merritt, supra n.1; Steele v. Royal Crown Cola Bottling Co., supra n.l; Lauck v. Publix Market, Inc., 335 So. 2…
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Hubbard v. Mt. Sinai Hosp. of Greater Miami, Inc., 39 Fla. Supp. 73 (Dade Cty. Cir. Ct. 1973)…e Memorial Hospital, Fla. App. 1967, 202 So. 2d 859; South Florida Sanitarium & Hospital, Inc. v. Hodge, Fla. App. 1968, 215 So. 2d 753; Holman v. Ford Motor Co., Fla. App. 1970, 239 So. 2d 40; and Mapp v. Cedars of Lebanon Hospital, Fla. App. 1971, 249 So. 2d 521; cf. Yarborough v. Ball U-Drive System, Fla. 1950, 48 So. 2d 82; and cases cited at 2 Harper & James, Law of Torts, §19.6, p. 1082, n. 5, and Supplement at p. 82. The defendant, however, argues, primarily based upon language in the decision of Evan…
Authorities Cited
- W. Coast Hosp. Ass'n v. Webb, 52 So.2d 803 (Fla. 1951)
- S. Fla. Hosp. Corp. v. McCREA, 118 So. 2d 25 (Fla. 1960)
- Nat'l Airlines v. Fleming, 141 So. 2d 343 (Fla. 1st DCA 1962)
- Osee F. Williams and Charles G. Williams v. Orange Mem'l Hosp. Ass'n, Inc., 202 So. 2d 859 (Fla. 4th DCA 1967)