Valenzuela v. Mercy Hospital

Plaintiffs appeal from a summary judgment dismissing their complaint. Plaintiffs complaint alleged that plaintiff Christine Valenzuela sustained serious bodily injury while a patient at the defendant hospital after being struck on the head by a full intravenous bottle which became dislodged from its standard. The complaint further alleged that the injuries were a result of the negligent acts of unknown employees of the hospital, on or about October 24, 1969. Following pre-trial discovery, the parties agreed that the negligent acts, if any, occurred on November 25, 1969. The complaint was filed on March 16, 1972.