Legal Opinion
Hemmerling v. Barnes
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2000No. Appeal No. 2PublishedCited by 6 opinions
1Opinion of the Court
—Amended judgment unanimously affirmed with costs. Memorandum: Plaintiff commenced this action seeking damages for the alleged negligence of, inter alia, Steven Barnes, D.O. (defendant) in providing medical treatment to Deborah A. Hemmerling (decedent). Supreme Court properly instructed the jury that, “[i]n a death action such as this * * * the plaintiff * * * is not held to as high a degree of proof as is required of an injured plaintiff who can describe what happened” (PJI 1:61 [3d ed]; *753see, Noseworthy v City of New York, 298 NY 76, 80). Defendant, relying upon dictum in Casey v Tan…
2Cases cited5 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Bjelicic v. Lynned Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Sheinkerman v. 3111 Ocean Parkway AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Casey v. TanAppellate Division of the Supreme Court of the State of New York · 1998
- Delcor Laboratories, Inc. v. Cosmair, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by6 opinions
- Carlson v. PorterAppellate Division of the Supreme Court of the State of New York · 2008
- Gerbino v. Tinseltown USAAppellate Division of the Supreme Court of the State of New York · 2004
- Smith v. Monro Muffler Brake, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Root v. DiRaddoAppellate Division of the Supreme Court of the State of New York · 2003
- FIEBIGER, HENRY v. JAY-K LUMBER, INC.Appellate Division of the Supreme Court of the State of New York · 2011
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