Legal Opinion

Horton v. Niagara Falls Memorial Center

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

Decided February 13, 1976PublishedCited by 26 opinions

1Opinion of the Court

Simons, J.P.

Defendant appeals from a judgment awarding compensatory and derivative damages to plaintiffs for personal injuries resulting from Willard Horton’s fall from defendant’s second-story hospital window. On the day before the fall Mr. Horton had been admitted to the hospital, suffering from a "fever of undetermined origin” (subsequently diagnosed as pneumonitis) and observed to be acutely ill, "lacking in co-ordination” and suffering from blurred vision.

He was placed in a private room which had a single window opening onto a small balcony which was encircled by a railing two to three…

2Cases cited25 opinions

  1. Toth v. Community HospitalNew York Court of Appeals · 1968
  2. Ed Guth Realty, Inc. v. GingoldNew York Court of Appeals · 1974
  3. Robertson v. Charles B. Towns HospitalAppellate Division of the Supreme Court of the State of New York · 1917
  4. Hirsh v. State of New YorkNew York Court of Appeals · 1960
  5. Mossman v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1970

20 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Figueroa v. StateHawaii Supreme Court · 1979
  2. Papa v. Brunswick General HospitalAppellate Division of the Supreme Court of the State of New York · 1987
  3. Huntley v. State of New YorkNew York Court of Appeals · 1984
  4. Wilson v. SponableAppellate Division of the Supreme Court of the State of New York · 1981
  5. Kadyszewski v. Ellis Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1993

21 more not listed; retrieve them via the Exa API.

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