Proce v. Franklin General Hospital

In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Altimari, J.), entered May 5, 1979, which is in favor of defendants Zuflacht, Zola and Bagdonas, upon a jury verdict. (The court had dismissed the action against defendant Schindelman at the close of the plaintiff’s case.) Judgment affirmed, without costs or disbursements. It was a question of fact whether the cause of the infection that led to the decedent’s death was an undiscovered subphrenic abscess, and the jury’s negative answer to the interrogatory focused on that issue was not contrary…