Darrisaw v. Strong Memorial Hospital

Peradotto and Green, JJ. (dissenting in part).

We respectfully dissent in part. In our view, Supreme Court erred in granting defendants’ motion for summary judgment dismissing the complaint insofar as the complaint, as amplified by the bill of particulars, alleges negligent supervision.

As noted by the majority, plaintiffs decedent in this negligence action was injured when she fell at defendant hospital, fracturing her ankle. Decedent was sitting in a chair in her hospital room when defendant nurse (nurse) informed her that decedent needed to take a walk. The nurse offered to assist decedent…