Hozak v. St. Clare's Hospital

Judgment, Supreme Court, New York County, entered July 14, 1975, in favor of the defendants after a jury trial, unanimously affirmed, without costs or disbursements. Plaintiff brought this action to recover in damages for the wrongful death and conscious pain and suffering of plaintiffs decedent, Karel Hozak. The evidence adduced in this case did not reveal that the hospitals were derelict in their duties with regard to their treatment of Karel Hozak. Furthermore, there was sufficient evidence of plaintiffs contributory negligence in disregarding medical advice to justify instructing the jury…