Vega v. City of New York

In a medical malpractice action to recover damages for wrongful death and consious pain and suffering, defendant Wyckoff Heights Hospital of Brooklyn appeals from an order of the Supreme Court, Kings County, dated Feburary 18, 1972, which granted plaintiff’s motion to set aside a jury verdict in favor of said defendant and granted a new trial. Order reversed, without costs, and jury verdict for appellant reinstated. The trial court initially charged the jury that the burden of proving contributory negligence of plaintiff’s intestate was on defendants on both - the wrongful death cause and the…