Lake v. St. Francis Cardiac Hospital

Appellate Division of the Supreme Court of New York

Lake v. St. Francis Cardiac Hospital

28 A.D.2d 895, 282 N.Y.S.2d 976, 1967 N.Y. App. Div. LEXIS 3522

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 10, 1967

StatusPublished

This text of 28 A.D.2d 895 (Lake v. St. Francis Cardiac Hospital) 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

Lake v. St. Francis Cardiac Hospital, 28 A.D.2d 895, 282 N.Y.S.2d 976, 1967 N.Y. App. Div. LEXIS 3522 (N.Y. Ct. App. 1967).

Pincite

Opinion

Brennan, Acting P. J., Rabin, Hopkins and Nolan, JJ., concur; Benjamin, J., dissents and votes to affirm the judgment, with the following memorandum: The jury awarded $45,000 to this infant plaintiff for a linear skull fracture and brain damage which aggravated a pre-existing mental retardation. In my opinion, this award is not at all excessive. I see no basis for disturbing the verdict of the jury. If no residuals remained from the linear fracture, the reduced verdict of $25,000 is excessive. If, as my colleagues say, there was at least an aggravation of a mentally retarded state, the award of $45,000 may well be inadequate,

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Brennan, Acting P. J., Rabin, Hopkins and Nolan, JJ., concur; Benjamin, J., dissents and votes to affirm the judgment, with the following memorandum: The jury awarded $45,000 to this infant plaintiff for a linear skull fracture and brain damage which aggravated a pre-existing mental retardation. In my opinion, this award is not at all excessive. I see no basis for disturbing the verdict of the jury. If no residuals remained from the linear fracture, the reduced verdict of $25,000 is excessive. If, as my colleagues say, there was at least an aggravation of a mentally retarded state, the award of $45,000 may well be inadequate,

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Bluebook (online)

28 A.D.2d 895, 282 N.Y.S.2d 976, 1967 N.Y. App. Div. LEXIS 3522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-v-st-francis-cardiac-hospital-nyappdiv-1967.