Holmes v. Gamble

655 P.2d 405 (Colo. 1982)

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Nature of the Case

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Facts

Holmes (P) suffered a severe injury to his knee when a ditch in which he was working collapsed. P was referred to Gamble (D) for immediate knee surgery. P was immediately taken to Denver in the back his brother's station wagon after a sedative was administered. D operated on P's knee the following day. P was unconscious during the entire operation. The next day, after gaining consciousness, P had a numbness and tingling sensations in his last three fingers of each hand. P discovered that his hand condition could have been caused by pressure on his elbows during the operation. P sued D for malpractice for the ulnar neuropathy caused by D's negligence in positioning him on the operating table. P invoked the res ipsa loquitur to raise a presumption of negligence. The trial court granted D's motion for directed verdict. The court of appeals affirmed the lower court ruling. P appealed; the court erred in applying the preponderance of the evidence standard for res ipsa loquitur.