Legal Opinion
Salathiel v. State
New York Court of Claims
Decided December 11, 1978No. Claim No. 60348PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas J. Lowery, Jr., J.
This timely filed claim seeks damages for personal injuries sustained by the claimant, Elizabeth J. Salathiel, as a result of the negligent insertion of a nasogastric tube through the claimant’s nose. The claim is founded upon specific acts of negligence and, in addition, the claimant relies on the doctrine of res ipsa loquitur to establish liability on the part of the State.
On November 18, 1975, the claimant was admitted to the Upstate Medical Center Hospital, a State facility, to participate, as a volunteer, in a bile study program. When the…
2Cases cited10 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- People v. SugdenNew York Court of Appeals · 1974
- Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
- Pipers v. RosenowAppellate Division of the Supreme Court of the State of New York · 1972
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3Cited by2 opinions
- Consolidated Edison Co. of New York, Inc. v. State Board of Equalization & AssessmentNew York Supreme Court · 1982
- Borden v. BradyAppellate Division of the Supreme Court of the State of New York · 1983