Gibson v. St. Luke's Roosevelt Hospital Center

—Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered January 8, 1999, on a verdict, after a jury trial, in plaintiffs favor in the sum of $440,000, unanimously reversed, on the law, without costs or disbursements, and the matter remanded for a new trial.

At trial in this medical malpractice action arising out of a 73-year-old patient’s fall at defendant hospital, counsel for plaintiff, the guardian of the patient’s property, was permitted, over defendant’s objection, to read from defendant’s orthopedic expert witness disclosure statement and to comment thereon in summation.…