Morand v. Seaside Memorial Hospital of Long Beach

MOORE, P. J.

Prom a judgment for defendants in an action for damages for personal injuries, plaintiff appeals.

One evening, appellant stepped out of her trailer home, fell forward, landing at least on one outstretched hand, and suffered a severe fracture of her left wrist. She went to respondent hospital where her doctor placed the wrist in a cast. While being transferred from the cast table to a wheel chair by respondent orderly, appellant slipped or was dropped to the floor. Subsequently it was noted that she had recently sustained a dislocation and fracture of the right shoulder which was then treated by her physician. Appellant filed this action alleging that the shoulder injury occurred as a result of the negligence of the orderly. The court found as follows: the orderly was a servant and agent of the hospital; appellant was intoxicated, which fact was known to respondents who failed to use reasonable care in handling appellant; as a result of their failure, appellant slipped from the arms of the orderly and fell to the floor; the injury to appellant’s right shoulder was not a direct and proximate result of such negligence. From these findings it may be inferred that the'court found also that the shoulder injury occurred prior to appellant’s entrance into the hospital.

Appellant now contends that the finding that she suffered no injuries as a result of the negligence of respondents is without support in the evidence. '

The trial court’s findings are conclusive on appeal if there is substantial evidence to support them. An appellate court will view the evidence in the light most favorable to the respondent; will not weigh the evidence, and will indulge all intendments and reasonable inferences which favor sustaining the finding of the trier of fact.

(Berniker

v.

Berniker,

30 Cal.2d 439, 444 [182 P.2d 557];

Estate of Bristol,

23 Cal.2d 221, 223 [143 P.2d 689].)

[747]

There was considerable conflicting evidence introduced as to the actual and possible condition of appellant on her entrance into the hospital. She argues that all the evidence which tends to support the finding either cannot by any possibility be true or that it is inherently incredible and hence must be disregarded. Such is not the fact, as the record discloses.