Weems v. Hy-Vee Food Stores, Inc.

526 N.W.2d 571 (1994)

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Nature of the Case

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Facts

P slipped and fell on a wet floor at D's store. P was a customer in the store at the time. P experienced lower-back pain following the fall. Approximately eighteen months later, P visited Dr. Delbridge, an orthopedic surgeon, in response to his lingering lower-back pain. Dr. Delbridge administered an epidural block in an effort to relieve the pain. The procedure involved a spinal steroid injection. As a result of the epidural block, P developed an infection which led to spinal meningitis. He eventually recovered from the disease. P sued D seeking damages associated with the injuries he received as a result of his fall. The damage claim included the spinal meningitis. D argued that the epidural block 18 months later was a superseding cause of any damages associated with P’s spinal meningitis. The court refused D’s instruction regarding superceding cause. P got the verdict, and D appealed.