Morton, et al. v. Fort Madison Community Hospital

Case Summary: 09-cv-00179

On December 17, 2009, plaintiff Carole J. Morton filed a complaint for personal injuries in the Unites States District Court for the Southern District of Iowa against defendant Fort Madison Community Hospital. The complaint alleged claims for premises liability, negligence, and professional malpractice arising out of plaintiff Carole J. Morton's injury from an improperly installed electrical outlet in defendant's waiting room and her subsequent treatment by defendant's agents and employees. Defendant denied the allegations in the complaint and asserted that plaintiff's recovery, if any, was limited by her comparative fault. During the pendency of the action, plaintiff Carole J. Morton passed away, and Dennis D. Morton, plaintiff's husband and the Executor of her Estate was substituted as the plaintiff.

A jury trial was held from August 29, 2011 through September 1, 2011. The jury returned a verdict on September 1, 2011, finding that defendant Fort Madison Community was 70% at fault for plaintiff's injury, while Carole J. Morton was 30% at fault. The jury also found that Carole J. Morton sustained damaged in the total amount of $51,289.65. On September 30, 2011, the court entered judgment in favor of plaintiff, Dennis D. Morton, Executor of the Estate of Carole J, Morton, and against the defendant, Fort Madison Community Hospital, in the amount of $35,902.76. Plaintiff acknowledged that he had received full payment of the judgment on January 5, 2012.

Case Highlights

• Complaint filed 12/17/2009 [Doc # 1]
• Answer filed 1/13/2010 [Doc # 2]
• Jury Trial Held on 8/29/2011-9/1/2011
• Sealed and Redacted Jury Verdicts filed 9/1/2011
• Judgment in Favor of Plaintiff Morton in the amount of $35,902.76 filed 9/30/2011 [Doc # 83]

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.