Mertsaris v. 73rd Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*69OPINION OF THE COURT
O’Connor, J.
In this medical malpractice action, the jury concluded that the departures of three defendants from accepted medical standards were the proximate cause of the infant plaintiff’s athetoid cerebral palsy and awarded damages in the principal sum of $7,500,000. We now hold that the jury’s verdict as to some of the theories submitted with respect to these three defendants was not supported by the evidence. Accordingly, there must be a new trial.
I. THE BIRTH
On September 19,1974, at approximately 11:30 p.m., Evangelina Mertsaris, a 41-year-old physician and mother of…
2Cases cited36 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Matott v. WardNew York Court of Appeals · 1979
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
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3Cited by53 opinions
- Papa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Kavanaugh v. NussbaumAppellate Division of the Supreme Court of the State of New York · 1987
- Ohdan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Russo v. RifkinAppellate Division of the Supreme Court of the State of New York · 1985
- De Luca v. KamerosAppellate Division of the Supreme Court of the State of New York · 1987
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