Peter Goldberg v. United States

This is a civil non-jury case for damages claimed to have resulted from defendant’s negligence. In open court plaintiff withdrew any claim for malpractice, leaving only the claim that plaintiff’s injuries were caused by a fall from a defective wheel chair provided by defendant. The record amply supports the trial court’s finding that the X-rays clearly establish that the slipping of the Smith-Peterson nail took place before plaintiff’s alleged fall and that the alleged fall was not the proximate cause of the injuries which plaintiff claimed to have .suffered.

The motion to strike defendant’s…