Facts: P was treated for appendicitis. P allegedly received a neck and back injury during the operation because of the way he was placed on the operating table.

Procedure: Action for personal injuries alleged to have been inflicted on P by D during the course of a surgical operation. The trial court entered judgements of nonsuit to all defendants and P appealed.

Issue: Can res ipsa loquitur be applied in this case, and that the inference of negligence therefrom makes the granting of a nonsuit improper?

Rule: When a P receives unusual injuries while unconscious in the course of medical treatment, all those Ds who had control over his body can be held liable.

Holding: In order to allow patients some recourse, the doctrine of res ipsa loquitur is properly applicable to this case.

Rationale: Uncertainty as to the extent to which res ipsa loquitur may be invoked in cases of injury from medical treatment. Difficult to see how doctrine can be inapplicable in this case. Res ipsa loquitur would apply to the individual person or persons who negligently injured the patient (would be liable).