Legal Opinion

Rakow v. State

New York Court of Claims

Decided December 10, 2007No. Claim No. 107828Published

1Opinion of the Court

OPINION OF THE COURT

Diane L. Fitzpatrick, J.

*905This claim is for damages as a result of an alleged unauthorized autopsy on claimant’s father, Wilfred W Westerfeld. There are a few factual discrepancies in the testimony and evidence presented.

Dr. Westerfeld taught for more than 30 years and was chairman of the Bio-Chemistry Department at SUNY Upstate Medical University before he retired in 1978. His wife predeceased him 10 years earlier on the same day, September 10, 1992. They had five children: claimant, the eldest, who lives in Silver Spring, Maryland; Margaret Davies, who lives in the…

2Cases cited21 opinions

  1. Riley v. County of BroomeNew York Court of Appeals · 2000
  2. Johnson v. State of New YorkNew York Court of Appeals · 1975
  3. DaimlerChrysler Corp. v. SpitzerNew York Court of Appeals · 2006
  4. Patterson v. . PattersonNew York Court of Appeals · 1875
  5. Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911

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