Legal Opinion
Weingast v. State
New York Court of Claims
Decided December 21, 1964No. Claim No. 39930PublishedCited by 14 opinions
1Opinion of the CourtDorothea E. Donaldson, J.
This is an action for damages for mental suffering which is alleged to have been inflicted on the claimants as a result of a reversal of identity which occurred between two patients at Pilgrim State Hospital.
The facts are not in dispute. On September 28, 1959, a patient known to the hospital authorities as Elizabeth Gambardella died. Steps were taken to inform Mrs. Gambardella’s family; they responded by authorizing the desired autopsy and requesting burial within the hospital cemetery. This was accomplished, the body apparently receiving the rites of the Roman Catholic Church with interment…
2Cases cited3 opinions
- Gostkowski v. Roman Catholic Church of Sacred Hearts of Jesus & MaryNew York Court of Appeals · 1933
- Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
- Lott v. StateNew York Court of Claims · 1962
3Cited by14 opinions
- Brown v. Matthews Mortuary, Inc.Idaho Supreme Court · 1990
- Whitehair v. Highland Memory Gardens, Inc.West Virginia Supreme Court · 1985
- Estate of Finn v. City of New YorkAppellate Terms of the Supreme Court of New York · 1973
- Plunkett v. NYU Downtown HospitalAppellate Division of the Supreme Court of the State of New York · 2005
- Correa v. Maimonides Medical CenterNew York Supreme Court · 1995
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