Harris v. Smith

372 F.2d 806 (8th Cir. 1967)

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Nature of the Case

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Facts

Patrick Harris (P) fell from a tree while caddying at a country club. He sustained a compound fracture near his right wrist and a dislocation of his right elbow. P was rushed to the hospital to have the damage repaired. The next day, P's temperature and pulse rate varied from 102.6 to 99.2 and 110 to 96 respectively. P experienced pain, considerable swelling, and red drainage. The next day his temperature varied from 99.6 to 102.6, and his pulse moved from 100 to 160 with respiration from 20-32. P experienced severe pain, swelling, and his had was warm but blue. No antitoxins were administered to prevent the spread of infection. The next day the symptoms continued, and it was finally diagnosed that P had gas gangrene. P's arm was amputated in two operations. During trial a number of issues developed over the testimony of a number of expert witnesses and the hypotheticals posed to them in that they did not include all the facts in evidence. P objected and was overruled. The jury found in favor of D and P appealed.