Legal Opinion

Sangiovanni v. Koloski

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2006PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Pagones, J.), entered January 27, 2005, which, upon a jury verdict, is in favor of the defendants and against him, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiffs contention, the facts adduced at *423trial were insufficient to warrant a jury charge on the doctrine of res ipsa loquitur. The nature of the testimony did not give rise to an inference of negligence based upon the mere…

2Cases cited4 opinions

  1. Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
  2. Abbott v. New Rochelle Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
  3. Knutson v. SandAppellate Division of the Supreme Court of the State of New York · 2001
  4. Johnson v. FarrAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by8 opinions

  1. Saccone v. GrossAppellate Division of the Supreme Court of the State of New York · 2011
  2. Lolly v. Brookdale University Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
  3. Knapp v. SofferAppellate Division of the Supreme Court of the State of New York · 2021
  4. O'Brien v. BarrettaAppellate Division of the Supreme Court of the State of New York · 2007
  5. Galue v. Independence 270 Madison LLCAppellate Division of the Supreme Court of the State of New York · 2020

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