Lium v. Ploski

In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Westchester County (Burchell, J.), entered May 5, 1980, in favor of defendant, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. After suffering a fractured ankle in an autombile accident, plaintiff’s decedent, Hans Lium, was taken to Grasslands Hospital, a Westchester County institution. Mr. Lium initially was examined at the hospital by a surgical resident who subsequently called in a private orthopedic surgeon, the defendant Walter Ploski, to assist in…