Legal Opinion
Derby v. Prewitt
New York Court of Appeals
Decided December 31, 1962PublishedCited by 71 opinions
1Opinion of the CourtFuld, J.
Upon this appeal from a dismissal of the complaint in an action against a physician for malpractice, we are called upon to decide whether a general release given by the plaintiff to the wrongdoer who caused her initial injuries also releases the physician who negligently treated those injuries.. Struck by a taxicab in April of 1958, the plaintiff suffered a fracture of the femur. She was taken to a hospital and three *103days later was operated on by the defendant doctor. In December, 1958, while still under the doctor’s care and in reliance upon his assurances and representations that the…
2Cases cited10 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- McKenna v. AustinCourt of Appeals for the D.C. Circuit · 1943
- Milks v. McIverNew York Court of Appeals · 1934
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Ash v. MortensenCalifornia Supreme Court · 1944
5 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Lasprogata v. QuallsSuperior Court of Pennsylvania · 1979
- Ravo v. RogatnickNew York Court of Appeals · 1987
- Glaser v. M. Fortunoff of Westbury Corp.New York Court of Appeals · 1988
- Herzfeld v. Laventhol, Krekstein, Horwath & HorwathDistrict Court, S.D. New York · 1974
66 more not listed; retrieve them via the Exa API.