Legal Opinion

Pivar v. Manhattan General, Inc.

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

Decided March 11, 1952PublishedCited by 11 opinions

1Opinion of the CourtVan Voorhis, J.

Defendant hospital appeals from an order setting aside a jury verdict in its favor of no cause of action, and granting a new trial. The action was brought to recover damages for the wrongful death of plaintiff’s intestate Gussie Pivar, who is claimed to have fallen from her hospital bed while convalescing from a gall bladder operation. A question of fact was presented concerning whether plaintiff’s intestate fell out of bed at the hospital and whether she died from that cause.

The trial court granted a new trial for error in the charge, in that the jury were not instructed that installation of…

2Cases cited8 opinions

  1. Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
  2. People v. KohlmeyerNew York Court of Appeals · 1940
  3. Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
  4. Constant v. . University of RochesterNew York Court of Appeals · 1888
  5. Ranelli v. Society of the New York HospitalNew York Court of Appeals · 1946

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3Cited by11 opinions

  1. D'Antoni v. Sara Mayo HospitalLouisiana Court of Appeal · 1962
  2. Mossman v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1970
  3. Porter v. PattersonCourt of Appeals of Georgia · 1962
  4. Swigerd v. City of OrtonvilleSupreme Court of Minnesota · 1956
  5. Su v. PerkinsCourt of Appeals of Georgia · 1974

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