Torts keyed to Robertson
Banks v. Elks Club Pride of Tennessee
Facts
Plaintiff was attending an event at the defendants place of business when her chair broke causing her to collapse, injuring herself. When she went in for a medical consultation it was recommended that she have surgery to fuse injured vertebra in her back. After the doctor who performed her surgery, Boyce, was finished, he realized he fused the wrong vertebra and had to correct his mistake with another surgery. While recovering at a nursing home, Cumberland Manor Nursing Home, she developed an infection that required further surgery and medical treatment. Plaintiff sued the defendants, Boyce, and Cumberland. The defendants asserted an affirmative defense of comparative negligence, and plaintiff responded arguing that under the original tortfeasor doctrine defendants can be held liable for subsequent injuries developed out of damage from an original tort.
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