Elsie Summers v. Wallace Hospital

276 F.2d 831 Elsie SUMMERS, Appellant, v. WALLACE HOSPITAL, Paul L. Ellis, Hubert E. Bonebrake, and Lewis B. Hunter, a copartnership, and Hubert E. Bonebrake, M. D., individually, Appellees. No. 16400. United States Court of Appeals Ninth Circuit. March 17, 1960. Doepker & Hennessey, M. J. Doepker, M. F. Hennessey, Butte, Mont., James W. Ingalls, Coeur d'Alene, Idaho, for appellant. Hawkins & Miller, E. L. Miller, Coeur d'Alene, Idaho, for appellees. Before HAMLEY, JERTBERG, and KOELSCH, Circuit Judges. HAMLEY, Circuit Judge. 1 In this Idaho malpractice case brought in federal court because of diversity of citizenship, judgment of dismissal was entered on a directed verdict for defendants. The verdict was so directed on the ground that the action was barred by the statute of limitations. Elsie Summers, the plaintiff, appeals. 2 The facts are simple and not in dispute. In March 1951 Dr. Hubert E. Bonebrake, one of the appellees, utilizing the facilities of appellee hospital, performed upon appellant a surgical operation known as a total hysterectomy. In so doing a curved surgical needle was negligently left within appellant's abdomen. Between that date and November 1954…