Rodgers v. St. Mary’s Hospital

Rodgers (plaintiff) sued his wife's obstetricians, radiologists, and the hospital (defendant) for medical malpractice, claiming an X-ray showed her condition, but the X-ray was lost before trial; the hospital won summary judgment, and the jury found the obstetricians liable for $1.2 million but cleared the radiologists. The obstetricians later settled on appeal for $800,000. While that case was pending, Rodgers separately sued the hospital for failing to preserve the X-rays as required by statute, arguing that had the radiologists been found liable too, the verdict would never have been appealed, costing him the $400,000 difference. The trial court dismissed this second suit, but the appellate court reversed, finding no res judicata bar. The hospital appealed.