Cunningham v. State

Appeal by the State from a judgment of the Court of Claims upon a claim for damages caused by negligence and malpractice; and cross appeal by claimant on the ground of the inadequacy of the award. Claimant was an officer in the medical corps of the National Guard. His claim was filed pursuant to an enabling act. (L. 1956, ch. 892.) The theory of the recovery was, in essence, negligence on the part of military medical personnel in failing promptly to diagnose and treat the disease of poliomyelitis which disabled claimant while on duty at a Summer encampment at Camp Drum; and, in addition,…