Ragusano

Combined appeals. Defendant Civic Center Hospital Foundation, a corporation, appeals from an order granting plaintiff a new trial against it. Plaintiff, as a precautionary measure under rule 3(a), Rules on Appeal, cross-appeals from the judgment of nonsuit granted defendant hospital. Plaintiff appeals from the judgment after jury verdict against her in favor of defendant doctors.

Questions Presented

Defendant Hospital’s Appeal From Order Granting New Trial

1. Did the pretrial conference order eliminate any cause of action against defendant hospital?

2. Was res ipsa loquitur applicable as against defendant hospital ? If it was, then the nonsuit in favor of defendant hospital was erroneously granted and the order granting plaintiff a new trial against defendant hospital was properly granted.

Plaintiff’s Appeal From Judgment for Defendant Doctors

1. Does the failure of the court to reinstruct the jury on res ipsa loquitur require a reversal?

2. Is plaintiff entitled to a new trial against defendant doctors because of error in granting nonsuit in favor of defendant hospital?

Record

The first count of plaintiff’s complaint charged that while plaintiff was unconscious,…