La Plante v. State

268 N.E.2d 327, 28 N.Y.2d 575, 319 N.Y.S.2d 614, 1971 N.Y. LEXIS 1584

Opinion

Concur: Chief Judge Fuld and Judges Scileppi, Beegan and Jasen. Judge Breitel dissents and votes to reverse in the following memorandum: I dissent and vote to reverse and reinstate the judgment of the Court of Claims on the ground that on all the circumstances the trial court properly found as a fact with respect to this senile, disoriented, physically-feeble patient that bedside rails were required and that his accident would not or could not happen unless there were no side rails. Whether decedent sustained his accident falling from the bed and crawled away, or fell some distance from his bed, is not material. In either event, the accident would not have happened if he had been protected by side rails. Taking no part: Judges Burke and Gibson.