Butler v. New York State Olympic Regional Development Authority

292 A.D.2d 748, 738 N.Y.S.2d 774, 2002 N.Y. App. Div. LEXIS 3900
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 21, 2002
StatusPublished
Cited by10 cases

This text of 292 A.D.2d 748 (Butler v. New York State Olympic Regional Development Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. New York State Olympic Regional Development Authority, 292 A.D.2d 748, 738 N.Y.S.2d 774, 2002 N.Y. App. Div. LEXIS 3900 (N.Y. Ct. App. 2002).

Opinion

Spain, J.

Appeal from a judgment of the Court of Claims (Collins, J.), entered June 13, 2001, upon a dismissal of the claim at the close of evidence.

Claimant Myron G. Butler (hereinafter claimant) and his wife, derivatively, commenced this action for personal injuries sustained by claimant in the aftermath of a skiing accident which occurred on March 8, 1998 at Gore Mountain Ski Center which is owned and operated by defendant. Claimant does not seek to recover for injuries sustained in his actual fall while skiing, namely, a dislocated shoulder, but, rather, claims that his further injuries were caused or exacerbated by the negligence of defendant’s employees in rendering first aid and delaying required medical care by failing to arrange for his emergency medical transportation to a site of definitive medical care.

After being treated at the scene and transported to the base first aid station, claimant was taken by private vehicle to the [749]*749closest hospital, Glens Falls Hospital, located some 34 miles from Gore Mountain, where an emergency room physician immediately reduced his dislocated shoulder. The procedure quickly produced a return of his brachial (elbow) and radial (hand/wrist) pulse indicating resumed vascular function, i.e., blood circulation, to his left arm. The prolonged loss of blood supply, however, to all of the nerves in his left arm had extensively and permanently damaged the nerve fibers. The medical testimony at trial established that, inter alia, the dislocated shoulder had compressed the neurovascular structures of all five nerves of the brachial plexus (the main nerve into the shoulder and arm) and that the loss of blood supply caused severe and partially irreversible damage and loss of function to all of the nerves in his left arm.

Among the disputed issues raised by the trial testimony were the reasonableness of the amount of time defendant’s ski patrollers took to care for and transport claimant off the mountain to the base first aid station, the failure of defendant’s employees to summon an ambulance or Medivac helicopter and the medical cause or causes of the neurovascular compromise to claimant’s left arm and hand. Of critical importance was whether the negligence — if any — of defendant’s employees was a substantial factor in claimant’s resulting injuries, i.e., whether a more speedy transport of claimant to the hospital would have prevented or minimized the nature or extent of his injuries. As such, considerable testimony was adduced focusing on defendant’s share of the responsibility for the delay between the 12:15 p.m. skiing accident and claimant’s 2:07 p.m. emergency treatment at the hospital, and the medical testimony establishing that irreversible nerve damage generally occurs after approximately one hour of neurovascular compromise to an arm, although it is progressive with time.

Following a nonjury trial, the Court of Claims issued a lengthy written decision granting defendant’s motion to dismiss the claim which was made at the close of claimants’ proof and renewed at the close of the trial. The court expressly found that claimants had failed to establish a prima facie case of defendant’s negligence. Among other conclusions, the court determined that while claimants made a sufficient showing that defendant’s employees had been negligent in failing to summon an ambulance to transport claimant to the hospital, claimants’ proof did not demonstrate that this delay was the proximate cause of claimant’s injuries, i.e., that the additional time attributable to transport in a private vehicle — calculated by the court to be approximately 27 to 32 minutes — was a [750]*750substantial causative factor in the nature or extent of claimant’s injuries. On claimants’ appeal, we reverse the dismissal of their claim, finding that they submitted sufficient evidence which, if credited, established a prima facie case that defendant’s employees were negligent and that this negligence was the proximate cause of claimant’s injuries.

We begin with the well-recognized proposition that on a motion to dismiss a claim at the close of proof pursuant to CPLR 4401 based upon claimants’ failure to make out a prima facie case, the evidence must he viewed in the light most favorable to claimants, the nonmovants, and the court must afford claimants every favorable inference which may properly be drawn from the evidence (see, Szczerbiak v Pilat, 90 NY2d 553, 556; Schriber v Melroe Co., 273 AD2d 650, 652; Lyons v McCauley, 252 AD2d 516, lv denied 92 NY2d 814). Only if, upon so viewing the evidence presented, there is no rational process by which the factfinder could base a finding in favor of claimants, is judgment dismissing their claim as a matter of law appropriate (see, Szczerbiak v Pilat, supra). Thus, in this procedural context, both parties err by arguing that this Court should defer to or override the fact finder’s credibility assessments of the trial witnesses and weighing of the conflicting evidence (see, Fenton v Ives, 229 AD2d 704, 705; see also, Siegel, NY Prac § 402, at 649 [3d ed]; cf., CPLR 4404 [b]). The Court of Claims did not render a verdict in defendant’s favor acting as a factfinder but, rather, dismissed the claim based upon its legal conclusion that even under the best circumstances, claimants had failed to make out a prima facie case upon which it could find that defendant’s negligence proximately caused any aspect of his injuries (cf., Ether v State of New York, 235 AD2d 685).

So viewed, the evidence presented at trial established that at approximately 12:15 p.m., claimant was involved in a skiing accident during which he became airborne and landed on his head and left shoulder. William Boswell, employed by defendant as a ski patroller, arrived at the scene at approximately 12:20 p.m. and assessed claimant’s condition, discerning a possible left shoulder dislocation or fracture with neurovascular compromise. Boswell radioed for delivery of a wire splint and rescue sled to transport claimant to the base first aid station located about 100 to 150 yards below. The supplies arrived within about four minutes (approximately 12:24 p.m.) and Boswell and another ski patroller applied the splint to claimant’s shoulder and arm, padding and securing the splint in place. Claimant was transported on a chair board in the sled to the base first aid station, arriving outside the station between ap[751]*751proximately 12:50 p.m. and 12:55 p.m.; he was transferred to a gurney and taken inside the station just before 1:00 p.m., where a registered nurse employed by defendant examined claimant and confirmed a probable shoulder dislocation. The nurse was unable to detect a radial or ulnar pulse in claimant’s left wrist but reported he had good capillary refill, indicating some circulation to the fingers, but claimant had severe pain with no feeling in his left arm and hand. Defendant’s employees did not call an ambulance and, although there was disagreement as to how the decision was reached, claimant was ultimately transported by a friend in his private vehicle to the nearest hospital located 34 miles away, where he arrived at approximately 2:07 p.m.

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Bluebook (online)
292 A.D.2d 748, 738 N.Y.S.2d 774, 2002 N.Y. App. Div. LEXIS 3900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-new-york-state-olympic-regional-development-authority-nyappdiv-2002.