Legal Opinion
Carmona v. Mathisson
Appellate Division of the Supreme Court of the State of New York
Decided February 14, 2012PublishedCited by 47 opinions
1Opinion of the Court
Plaintiff seeks to recover damages for injuries she sustained during cataract surgery performed by defendant Mathisson at defendant Montefiore Medical Center, using an Alcon Series 20000 Legacy phacoemulsification machine. We previously granted summary judgment to Alcon, the manufacturer of the machine, dismissing plaintiff’s claims for strict liability and negligent design and manufacture (54 AD3d 633 [2008] [Carmona I]). In so ruling, we found that Alcon sustained its prima facie burden on the motion by submitting an affidavit from its expert, an engineer familiar with the design and…
2Cases cited4 opinions
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- Kenney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Town of Massena v. Healthcare Underwriters Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Atlantic Mutual Insurance v. LauriaAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by47 opinions
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- Chanice v. Federal Express Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Lee v. Chun Ka LukAppellate Division of the Supreme Court of the State of New York · 2015
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