Asen v. Fallows

WIEAND, J.,

Specially Presiding,

Dennis P. Asen, plaintiff in this trespass action, is a resident of Allentown, Pa. Defendant, Dr. Lloyd Fallows, resides in New York, is licensed to practice medicine in New York, and maintains medical offices at 1300 Union Turnpike, New Hyde Park, N.Y. During October, 1978 plaintiff visited defendant’s medical offices for the purpose of a physical examination. During the course thereof, defendant discovered that plaintiff had a heart murmur and advised plaintiff accordingly.

On January 16, 1979 plaintiff made application to Mutual of Omaha for a policy of…