Lee Burns v. Charles E. Owens

Plaintiff filed suit for personal injuries in the amount of $43,950 against Dr. Charles E. Owens, Dr. W. A. Rohlfing, Dr.
J. A. Armantrout, Mineral Area Hospital, Inc., and Don Stewart, administrator of the hospital. The trial court sustained the
pretrial motion of Mineral Area Hospital for summary judgment on the basis of the charitable immunity doctrine. At the close
of the evidence in the trial as to the individual defendants the trial court directed a verdict in favor of each. Plaintiff's
motion for new trial pertained only to the judgment in favor of Dr. Owens, Dr. Armantrout, and the Mineral Area Hospital.
It was overruled and plaintiff has appealed. There is no issue on this appeal as to the judgment in favor of Dr. Rohlfing
and Don Stewart. On September 29, 1964, Dr. Owens performed a hemorrhoidectomy on plaintiff at the Mineral Area Hospital, and he made arrangements
with Dr. Armantrout to assist in the postoperative care. Dr. Owens wrote orders in the hospital record of plaintiff which
authorized intramuscular injections of demerol every four to six hours as needed for pain. The record shows only that Dr.
Armantrout wrote some "orders." It does not show that they pertained in any way to the act which plaintiff contends was negligently
performed and which resulted in his injury.