Hilda Hegger, of the Estate of Fred P. Hegger, Plaintiff-Appellee v. George E. Green, and St. Luke's Hospital Center, Defendant-Appellant-Appellee

I concur in the majority’s holding that the plaintiff failed to establish (1) negligence on the part of Dr. Green and St. Luke’s in failing properly to supervise Hegger’s activities in the hospital by preventing him from smoking or climbing stairs and in failing to maintain adequate nursing observation, or (2) that the alleged negligence was the proximate cause of Hegger’s death. I also agree that the award of $25,000 for loss of consortium must be reversed in the light of Liff v. Schildkrout, 49 N.Y.2d 622, 427 N.Y.S.2d 746, 404 N.E.2d 1288 (1980), and that the defendants’ contributory…