Legal Opinion
Utter v. South Brookhaven Obstetric & Gynecologic Associates, P. C.
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1987PublishedCited by 6 opinions
1Opinion of the Court
— In a medical malpractice action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), dated December 10, 1986, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, with costs, and the defendants’ motion is denied.
The infant plaintiff suffers from, inter alia, brain damage and cerebral palsy. He will apparently require custodial care throughout his life. Shortly before his birth, his mother fell at her place of employment. Thereafter, the infant…
2Cases cited4 opinions
- Riviello v. WaldronNew York Court of Appeals · 1979
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Ott v. BarashAppellate Division of the Supreme Court of the State of New York · 1985
- Manginaro v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by6 opinions
- Board of Education v. Zando, Martin & Milstead, Inc.West Virginia Supreme Court · 1990
- Jarek Tylenda Moller v. North Shore University Hospital, Its Agents, Servants and Employees, and Dr. David Levine, IndividuallyCourt of Appeals for the Second Circuit · 1993
- Kwasny v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1990
- Mann v. H.W. Andersen Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Moller v. North Shore University HospitalDistrict Court, E.D. New York · 1992
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