Medici v. Foster-Milburn Co.

Appellate Division of the Supreme Court of New York

Medici v. Foster-Milburn Co.

2 A.D.2d 764, 153 N.Y.S.2d 682, 1956 N.Y. App. Div. LEXIS 4723

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

DecidedJuly 9, 1956

StatusPublished

This text of 2 A.D.2d 764 (Medici v. Foster-Milburn Co.) 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

Medici v. Foster-Milburn Co., 2 A.D.2d 764, 153 N.Y.S.2d 682, 1956 N.Y. App. Div. LEXIS 4723 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action to recover damages for personal injuries allegedly sustained by plaintiff’s intestate as the result of ingesting a product manufactured by defendants Foster-Milburn Company and Westwood Pharmacal Corporation as a salt substitute, plaintiff appeals from a judgment dismissing the complaint as against said defendants at the close of plaintiff’s ease. Judgment reversed and new trial granted, with costs to appellant to abide the event. In our opinion a prima facie ease against respondents was established. The testimony given by the deceased’s attending physician was that the subject product was not safe for human consumption and that, with a reasonable degree of certainty, it was the competent producing cause of the symptoms that developed. Present — Nolan, P. J., Wenzel, Hallinan and Kleinfeld, JJ. Beldoek, J., not voting.

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In an action to recover damages for personal injuries allegedly sustained by plaintiff’s intestate as the result of ingesting a product manufactured by defendants Foster-Milburn Company and Westwood Pharmacal Corporation as a salt substitute, plaintiff appeals from a judgment dismissing the complaint as against said defendants at the close of plaintiff’s ease. Judgment reversed and new trial granted, with costs to appellant to abide the event. In our opinion a prima facie ease against respondents was established. The testimony given by the deceased’s attending physician was that the subject product was not safe for human consumption and that, with a reasonable degree of certainty, it was the competent producing cause of the symptoms that developed. Present — Nolan, P. J., Wenzel, Hallinan and Kleinfeld, JJ. Beldoek, J., not voting.

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Bluebook (online)

2 A.D.2d 764, 153 N.Y.S.2d 682, 1956 N.Y. App. Div. LEXIS 4723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medici-v-foster-milburn-co-nyappdiv-1956.