Schmiedel v. State

Claimant sues to recover damages for the conscious pain and suffering and the death of her decedent while he was a ward of the State and a patient in Buffalo State Hospital. This is an application for an examination before trial, no part of which is opposed by the defendant except the request for an order permitting claimant, through her attorneys or their designees, to examine Ward 40 of the hospital and the dayroom where, it is alleged, the decedent was injured, and to photograph the room and surroundings where said accident occurred.

There is long-standing precedent in this court for the…