Legal Opinion
Toledo v. Mercy Hospital
New York Supreme Court
Decided September 24, 2014PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
John M. Curran, J.
Defendants have moved to dismiss the complaint pursuant to CPLR 3211 (a) (5) based upon the alleged expiration of the statute of limitations.
Background
Theresa Toledo (plaintiff), who was almost 75 years old, was admitted to Mercy Hospital on May 18, 2007 for heart surgery. According to the complaint, on May 23, 2007, while she was still a patient at the hospital, plaintiff slipped and fell on urine when attempting to ambulate to the bathroom, thereby sustaining a fractured ankle.
Plaintiff alleges that prior to the fall, she had been assessed as a moderate…
2Cases cited13 opinions
- Weiner v. Lenox Hill HospitalNew York Court of Appeals · 1996
- Scott v. UljanovNew York Court of Appeals · 1989
- Stanley v. LebetkinAppellate Division of the Supreme Court of the State of New York · 1986
- Papa v. Brunswick General HospitalAppellate Division of the Supreme Court of the State of New York · 1987
- Coursen v. New York Hospital-Cornell Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pitt-Hart v. Sanford USD Medical CenterSouth Dakota Supreme Court · 2016
- Joyce E. Minnich v. MedExpress Urgent Care, Inc. - West VirginiaWest Virginia Supreme Court · 2017
- Joyce E. Minnich v. MedExpress Urgent Care, Inc. - West VirginiaWest Virginia Supreme Court · 2017