Legal Opinion

Johnson v. Westfield Memorial Hospital, Inc.

New York Supreme Court

Decided June 21, 2000PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Joseph Gerace, J.

Defendants, David R. Trusel and Westfield Memorial Hospital, Inc., move for summary judgment dismissing all claims against them in this medical malpractice action. Mr. Trusel is a physician’s assistant and the hospital is alleged to be vicariously liable for his actions.

On August 25, 1995, plaintiff, Daryl Johnson, was struck in the eye by a metal object. He was seen at 10:00 p.m. that day by Mr. Trusel at Westfield Memorial and an examination revealed blood in the anterior chamber of the eye. Mr. Trusel diagnosed a hyphema and contacted his supervising…

2Cases cited2 opinions

  1. Toth v. Community HospitalNew York Court of Appeals · 1968
  2. Martin v. Niagara Frontier Hockey Corp.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by1 opinion

  1. Cox v. MA Primary and Urgent Care ClinicTennessee Supreme Court · 2010

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