O'Shea v. Sarro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a medical malpractice action, plaintiff appeals from a judgment of the Supreme Court, Kings County (Scholnick, J.), dated June 10, 1983, which, upon a jury verdict, is in favor of defendant and against her.
Judgment reversed, on the law, and new trial granted, with costs to abide the event.
In this medical malpractice action, plaintiff Margaret O’Shea alleged that defendant, Dr. Anthony J. Sarro, severed or damaged her spinal accessory nerve when he performed surgery in January, 1979 to remove enlarged lymph nodes from her neck. This resulted in the atrophy of the trapezius muscle in her…
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