From Casetext: Smarter Legal Research

Lando v. State of New York

Court of Appeals of the State of New York
May 4, 1976
39 N.Y.2d 803 (N.Y. 1976)

Summary

In Lando, the decedent, a patient at Kings Park State Hospital, had grounds privileges-the ability to move around the grounds of the hospital-and failed to return to her ward one evening.

Summary of this case from Sanders v. The City of New York

Opinion

Argued March 22, 1976

Decided May 4, 1976

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, SIDNEY SQUIRE, J.

Sanford Solarz and Sidney J. Shaw for appellant.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.


MEMORANDUM. We agree with the Appellate Division that the claimant, as administrator, failed to present sufficient proof to support the estate's claims for his deceased daughter's conscious pain and suffering before death and for her wrongful death. However, since we agree with the Court of Claims that he did prove his claim for his own mental anguish, a matter not discussed by the Appellate Division in its opinion, there should be a modification.

The record amply demonstrates that the hospital, once learning that claimant's daughter had disappeared, negligently failed to undertake a careful and diligent search of the hospital premises in order to locate this mentally deficient patient. The inadequacy of the purported search is pointed up by the fact that the daughter's body when found was lying in a wooded area of the hospital grounds a mere 50 feet from the edge of the parking lot of the building adjacent to the one in which she resided. The claimant was, therefore, entitled to damages for the mental anguish he suffered when, solely by reason of the hospital's negligence, he was denied access to and control over the body of his deceased daughter for a period of 11 days.

Accordingly, the order of the Appellate Division should be modified by reinstating the judgment in favor of the claimant, individually, in the amount of $5,000 and, as so modified, affirmed.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order modified, with costs to claimant, in accordance with memorandum herein and, as so modified, affirmed.


Summaries of

Lando v. State of New York

Court of Appeals of the State of New York
May 4, 1976
39 N.Y.2d 803 (N.Y. 1976)

In Lando, the decedent, a patient at Kings Park State Hospital, had grounds privileges-the ability to move around the grounds of the hospital-and failed to return to her ward one evening.

Summary of this case from Sanders v. The City of New York

In Lando, the hospital lacked possession of the decedent's body-as a result of failing to locate it-and yet the court found it interfered with plaintiff's possession and right of sepulcher.

Summary of this case from Sanders v. The City of New York
Case details for

Lando v. State of New York

Case Details

Full title:FERDINANDO LANDO, Individually and as Administrator of the Estate of ROSE…

Court:Court of Appeals of the State of New York

Date published: May 4, 1976

Citations

39 N.Y.2d 803 (N.Y. 1976)
385 N.Y.S.2d 759
351 N.E.2d 426

Citing Cases

Sanders v. The City of New York

But it did not, even though it never possessed the decedent's body. In contrast, the cases to which LiveOn…

Taggart v. Costabile

The Court later stated that “ a psychic trauma negligently caused is as much a basis for damages as is a…