Scott v. Uljanov

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the fourth cause of action dismissed. The certified question is answered in the affirmative.

During the evening of December 14, 1983, plaintiff, then 46 years old, presented himself at the Binghamton General Hospital emergency room with a .29 blood alcohol level, allegedly having consumed substantial quantities of vodka and Valium. Plaintiff was placed in a hospital bed with the side rails up; his mother was seated alongside his bed. Some 30 minutes later, plaintiff climbed out of the end of…