Ramsey v. St. Barnabas Hospital

Appellate Division of the Supreme Court of New York

Ramsey v. St. Barnabas Hospital

57 A.D.2d 521, 393 N.Y.S.2d 567, 1977 N.Y. App. Div. LEXIS 11426

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

DecidedApril 14, 1977

StatusPublished

This text of 57 A.D.2d 521 (Ramsey v. St. Barnabas 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

Ramsey v. St. Barnabas Hospital, 57 A.D.2d 521, 393 N.Y.S.2d 567, 1977 N.Y. App. Div. LEXIS 11426 (N.Y. Ct. App. 1977).

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Opinion

Judgment of the Supreme Court, Bronx County, entered in the office of the clerk on January 28, 1976, unanimously affirmed, without costs and without disbursements. In the absence of competent evidence causally connecting the fall of defendant’s elevator wherein plaintiff was a passenger at the time with plaintiff’s condition which required the laminectomy performed on her two years and nine months later, the trial court correctly excluded the hypothetical question asked of plaintiff’s medical expert which sought to bridge that gap. The record also established that other incidents which may have caused plaintiff’s condition intervened between the accident and this spinal procedure. On this record, to allow the question to be answered would have substituted speculation for fact (see Wisniewski v Jem Novelty Corp., 22 AD2d 10; Putnam v Stout, 46 AD2d 812, affd 38 NY2d 607; Quinones v St. Vincent’s Hosp. of City of N. Y., 20 AD2d 529, affd 16 NY2d 572). Concur—Kupferman, J. P., Lupiano, Birns and Markewich, JJ.

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Judgment of the Supreme Court, Bronx County, entered in the office of the clerk on January 28, 1976, unanimously affirmed, without costs and without disbursements. In the absence of competent evidence causally connecting the fall of defendant’s elevator wherein plaintiff was a passenger at the time with plaintiff’s condition which required the laminectomy performed on her two years and nine months later, the trial court correctly excluded the hypothetical question asked of plaintiff’s medical expert which sought to bridge that gap. The record also established that other incidents which may have caused plaintiff’s condition intervened between the accident and this spinal procedure. On this record, to allow the question to be answered would have substituted speculation for fact (see Wisniewski v Jem Novelty Corp., 22 AD2d 10; Putnam v Stout, 46 AD2d 812, affd 38 NY2d 607; Quinones v St. Vincent’s Hosp. of City of N. Y., 20 AD2d 529, affd 16 NY2d 572). Concur—Kupferman, J. P., Lupiano, Birns and Markewich, JJ.

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Bluebook (online)

57 A.D.2d 521, 393 N.Y.S.2d 567, 1977 N.Y. App. Div. LEXIS 11426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsey-v-st-barnabas-hospital-nyappdiv-1977.

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