Legal Opinion

Mochen v. State

Appellate Division of the Supreme Court of the State of New York

Decided February 22, 1974No. Claim No. 51514PublishedCited by 27 opinions

1Opinion of the CourtSimons, J.

This negligence case raises the question of what

duty an institutionalized mentally ill patient has to exercise care for his own safety.

At the time of this accident George Mochen, Jr. was an infant, 17 years of age and had completed the equivalent of 11th grade in school. George had apparently suffered from mental problems since birth. His illness became serious at the age of seven and, starting at age nine, he had been hospitalized at various institutions for over five years. On November 11, 1967, after attacking his parents, he was confined to Buffalo State Hospital in a closed ward with 77…

2Cases cited16 opinions

  1. Williams v. . HaysNew York Court of Appeals · 1894
  2. Hunt v. King CountyCourt of Appeals of Washington · 1971
  3. Wartels v. County Asphalt, Inc.New York Court of Appeals · 1972
  4. Baltimore & Potomac Railroad v. CumberlandSupreme Court of the United States · 1900
  5. DeMartini v. Alexander Sanitarium, Inc.California Court of Appeal · 1961

11 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Psychiatric Institute of Washington v. AllenDistrict of Columbia Court of Appeals · 1986
  2. Cowan v. DoeringSupreme Court of New Jersey · 1988
  3. Jankee v. Clark CountyWisconsin Supreme Court · 2000
  4. Wilson v. City of KotzebueAlaska Supreme Court · 1981
  5. Horton v. Niagara Falls Memorial CenterAppellate Division of the Supreme Court of the State of New York · 1976

22 more not listed; retrieve them via the Exa API.

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