LoDico v. Caputi

OPINION OF THE COURT

Callahan, J.

Defendant Robert A. Caputi, M.D., appeals from an order which denied his motion seeking to dismiss the complaint in *362this medical malpractice action as against him for failure to state a cause of action.

The essential facts are not in dispute. On or about May 5, 1983, plaintiff Ronald LoDico, during the course of his employment by the Dunkirk and Fredonia Telephone Company, was using a hand scraper to remove some old paint when he noted the sudden onset of numbness in his right thumb and first and second fingers. Several days later, he noted that his entire right…