James Johnson v. Misericordia Community

On July 11, 1975, plaintiff-respondent Johnson underwent surgery at Misericordia Hospital in Milwaukee for removal of a pin
fragment from his right hip. The surgery was performed by Dr. Lester V. Salinsky. During the course of the operative procedure,
plaintiff's right femoral artery and nerve were severed. The damage led to permanent paralysis of plaintiff's right thigh
muscles, with resultant atrophy, weakness and loss of function. Prior to trial, the plaintiff entered into a settlement agreement with Dr. Salinsky whereby Dr. Salinsky agreed to pay plaintiff
$140,000. Plaintiff in turn executed a Pierringer-type release absolving Dr. Salinsky from any further liability in this case.
Upon Conclusion of the trial, the jury found that Dr. Salinsky was negligent in the manner in which he performed the surgery,
and attributed twenty percent of the causal negligence to him. The jury also found Misericordia Community Hospital (Misericordia)
negligent with respect to its granting of orthopedic privileges to Dr. Salinsky, and apportioned eighty percent of the causal
negligence to the hospital. Damages were awarded in the sum of $315,000 for personal injuries, past and future, and $90,000
for impairment of earning capacity, past and future. Misericordia appeals from the judgment.