Kelly v. Board of Trustees of Hillcrest General Hospital, Inc.
| Citation | 87 N.M. 112,529 P.2d 1233,1974 NMCA 139 |
| Decision Date | 27 November 1974 |
| Docket Number | No. 1470,1470 |
| Parties | Lewis KELLY and Genevieve Kelly, Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF HILLCREST GENERAL HOSPITAL, INC., Defendant and Third- Party Plaintiff-Appellee, and Margaret Hunt, Third-Party Defendant. |
| Court | Court of Appeals of New Mexico |
Summary judgment was granted defendant in an action by plaintiffs for damages caused by the negligence of defendant's agents and employees. Plaintiffs appeal. We reverse.
Plaintiff Genevieve Kelly was admitted to the hospital on January 29, 1970, by Dr. Foster. She had symptoms of having the 'flu'. Margaret Hunt, the third party defendant, was admitted to the same hospital on February 4, 1970, at approximately 4:30 p.m. and placed in the bed next to Genevieve. Because of her previous knowledge of Margaret, Genevieve on several occasions requested the nurses and her doctor to find her another room. She was told there was no other room. Genevieve's daughter-in-law was not allowed to stay with her. While Genevieve was asleep the night of February 4, 1970, Margaret got on top of Genevieve, placing her hands around Genevieve's throat. After a violent struggle, Genevieve rang the buzzer for help. Four nurses came to her aid.
There is a hiatus in the nurses' notes for the care of Genevieve. The notes show that from about 8:15 p.m. to 11:00 p.m. on February 4, 1970, Margaret was 'very confused and talking incoherently', refused to swallow her medication, was spitting it out, 'blows bubbles in glass and will not swallow water, keeps mumbling.' She finally got
A. Defendant failed to establish a prima facie showing.
On motion for summary judgment, no burden rests on plaintiffs until defendant has made a prima facie showing that there was no genuine issue of fact as to plaintiffs' claim of protection from assault and battery. 'By a prima facie showing is meant such evidence as is sufficient in law to raise a presumption of fact or establish the fact in question unless rebutted.' Goodman v. Brock, 83 N.M. 789, 792--793, 498 P.2d 676, 679--680 (1972).
To make a prima facie showing, the defendant must establish that...
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Goffe v. Pharmaseal Laboratories, Inc.
...to keep from it." The trial court erred in granting summary judgment as to the Laboratory. Kelly v. Board of Trustees of Hillcrest General Hospital, Inc., 87 N.M. 112, 529 P.2d 1233 (Ct.App. 1974); cert. denied, 87 N.M. 111, 529 P.2d 1232 Plaintiff's second point is that "summary judgment w......
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Jge v. United States
...App. N.M. 2014) (citing Wilschinsky v. Medina, 775 P.2d 713 (N.M. 1989); see also Kelly v. Bd. of Trustees of Hillcrest Gen. Hosp., Inc., 529 P.2d 1233 (N.M. Ct. App. 1974); Stake v. Woman's Div. ofPage 30 Christian Serv., 387 P.2d 871 (N.M. 1963) (recognizing the potential duty to warn of ......
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Wilschinsky v. Medina, 17658
...potentially liable for patients with known "dangerous propensities" has been recognized in New Mexico. See Kelly v. Board of Trustees, 87 N.M. 112, 529 P.2d 1233 (Ct.App.), cert. denied, 87 N.M. 111, 529 P.2d 1232 (1974); see also Stake v. Woman's Div. of Christian Serv., 73 N.M. 303, 387 P......
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Villella Enterprises, Inc. v. Young
...as is sufficient in law to raise a presumption of fact or establish the fact in question unless rebutted. Kelly v. Board of Trustees, 87 N.M. 112, 529 P.2d 1233 (Ct.App.), cert. denied, 87 N.M. 111, 529 P.2d 1232 (1974). Upon making this showing, the burden then shifted to Young who had to ......