Legal Opinion
Adam L. Walton v. Strong Memorial Hospital
New York Court of Appeals
Decided June 11, 2015No. 67PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We are “presented with] yet another variation among a myriad of medical protocols, devices and procedures” (LaBarbera v New York Eye & Ear Infirmary, 91 NY2d 207, 212 [1998]), and asked whether a fragment from a catheter that was placed in plaintiff Adam Walton’s heart during surgery in 1986 is a foreign object for purposes of the discovery rule of CPLR 214-a. Considering the specific facts and circumstances alleged in this case in light of our precedents, we conclude that the fragment qualifies as a foreign object.
L
Facts
On May 27, 1986, when plaintiff wás three…
2Cases cited28 opinions
- McDermott v. TorreNew York Court of Appeals · 1982
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
- Thornton v. Roosevelt HospitalNew York Court of Appeals · 1979
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3Cited by9 opinions
- B.F. v. Reprod. Med. Assocs. of N.Y., LLPCourt for the Trial of Impeachments and Correction of Errors · 2017
- Knox v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 2016
- Jonas v. DurraniOhio Court of Appeals · 2020
- Leace v. KohlroserAppellate Division of the Supreme Court of the State of New York · 2017
- Altman-Gubernikoff v. GarelyDistrict Court, S.D. New York · 2021
4 more not listed; retrieve them via the Exa API.