Quimbee logo
DMCA.com Protection Status
From our private database of 16,400+ case briefs...

Sides v. St. Anthony’s Medical Center

Supreme Court of Missouri
258 S.W.3d 811 (2008)


Mrs. Sides (plaintiff) underwent back surgery at St. Anthony’s Medical Center (defendant). The surgery was performed by Dr. Lee (defendant), an employee of Tesson Heights Orthopedic and Arthroscopic Associates, P.C. (defendant). Following the surgery, Mrs. Sides and her husband filed suit for negligence, alleging that she was infected by E. coli during her surgery. Mr. and Mrs. Sides based their claim on a theory of res ipsa loquitur, arguing that the type of infection suffered does not ordinarily occur in the absence of negligence; Mrs. Sides was unconscious during the surgery; her body, the surgical site, and the equipment used were under the management or control of Dr. Lee and St. Anthony’s employees; and Dr. Lee, St. Anthony’s, and Tesson Heights had more access to information about the cause of injury than Mr. and Mrs. Sides. The trial court dismissed the case, finding that Mr. and Mrs. Sides could not use expert testimony to support their res ipsa loquitur theory of medical malpractice. The Missouri Court of Appeals, Eastern District entered an opinion, but granted transfer to this court.

Rule of Law


Holding and Reasoning (Smith, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 374,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,400 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial