Rodriguez v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal from a judgment in favor of claimants, entered May 1, 1974, upon a decision of the Court of Claims. On April 18, 1971, Yolanda Rodriguez was five years of age and a nonambulatory patient at Willowbrook State Hospital. She was profoundly retarded, paraplegic and spastic, suffering from a condition diagnosed as hydrocephalic and spina bifida. At about 12:30 a.m. that day an attendant noticed a possible injury to Yolanda’s left leg. An X-ray examination disclosed a supracondylar fracture of the lower left femur. There was no prior indication of any injury at the time of her evening care…
2Cases cited5 opinions
- Galbraith v. BuschNew York Court of Appeals · 1935
- Manley v. New York Telephone Co.New York Court of Appeals · 1951
- La Plante v. StateAppellate Division of the Supreme Court of the State of New York · 1968
- Lando v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Rodriguez v. StateNew York Court of Claims · 1974
3Cited by3 opinions
- Mochen v. StateAppellate Division of the Supreme Court of the State of New York · 1977
- Jones v. StateNew York Court of Claims · 1978
- Burgess v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1985