§Why CasetextPricing

Marguerite James, Appellant,v.David Wormuth, M.D., and CNY Thoracic Surgery, P.C., Respondents.

Brief

27 Cited authorities

  1. Cohen v. Hallmark Cards

    45 N.Y.2d 493 (N.Y. 1978)   Cited 1,945 times   1 Legal Analyses
    Holding that the standard of review in assessing a motion for judgment notwithstanding the verdict is whether there is "simply no valid line of reasoning and permissible inferences which could possibly lead rational [people] to the conclusion reached by the jury on the basis of the evidence at trial"

  2. Szczerbiak v. Pilat

    90 N.Y.2d 553 (N.Y. 1997)   Cited 762 times
    Finding that the police officer's striking a pedestrian, while glancing down from the road momentarily to turn on his emergency lights, was "a momentary judgment lapse," which did not alone rise to the level of recklessness

  3. Kambat v. St. Francis Hosp

    89 N.Y.2d 489 (N.Y. 1997)   Cited 357 times
    Holding that “[w]hen an operation leaves a sponge or implement in the patient's interior, ... the thing speaks for itself without the aid of any expert's advice”

  4. Palsgraf v. Long Island R.R. Co.

    248 N.Y. 339 (N.Y. 1928)   Cited 2,024 times   11 Legal Analyses
    Holding that foreseeability is a factor in determining duty and stating that "the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty"

  5. Nestorowich v. Ricotta

    97 N.Y.2d 393 (N.Y. 2002)   Cited 162 times
    Holding that improper "'error in judgment' charge was harmless"; "the evidence so clearly supports a verdict in favor of the defendant . . . Supreme Court's error did not prejudice a substantial right of the plaintiff"

  6. States v. Lourdes Hospital

    100 N.Y.2d 208 (N.Y. 2003)   Cited 114 times
    Holding that expert evidence can be properly used to assist the factfinder "to reach a conclusion that the occurrence would not normally take place in the absence of negligence"

  7. Beary v. City of Rye

    44 N.Y.2d 398 (N.Y. 1978)   Cited 221 times
    In Beary v. City of Rye, 44 N.Y.2d 398, 406 N YS.2d 9, 377 N.E.2d 453 (1978), the court stated that the foreign object exception should not be extended beyond the narrow scope of malpractice actions with facts similar to those in Flanagan v. Mt. Eden General Hospital, 24 N.Y.2d 427, 430, 301 N YS.2d 23, 26, 248 N.E.2d 871, 872 (1969), where that plaintiff was injured when a doctor negligently failed to remove clamps from the patient's body after surgery.

  8. Ebanks v. New York City Transit Authority

    70 N.Y.2d 621 (N.Y. 1987)   Cited 136 times
    Finding that evidence did not adequately refute the possibility that the [injury-causing] escalator . . . had been damaged by a member of the public. . . .

  9. Flanagan v. Mt. Eden Gen. Hosp

    24 N.Y.2d 427 (N.Y. 1969)   Cited 225 times
    Holding that "[when] a foreign object is left in a patient's body . . . no claim can be made that the patient's action may be feigned or frivolous . . . there is no possible causal break between the negligence of the doctor or hospital and the patient's injury . . . the danger of belated, false or frivolous claims is eliminated"

  10. Blum v. Fresh Grown Preserve Corp.

    292 N.Y. 241 (N.Y. 1944)   Cited 253 times
    In Blum v. Fresh Grown Preserve Corp. (292 N.Y. 241, 245) the court held: "Where the court, in the exercise of its discretion, sets aside a verdict of the jury because the court is of the opinion that in weighing the evidence the jury has not appraised correctly its relative persuasiveness and probative force, a new trial must follow.