Legal Opinion
Walker v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 1985PublishedCited by 22 opinions
1Opinion of the Court
In a claim to recover damages for personal injuries, etc., allegedly sustained as a result of medical malpractice, claimants appeal from a judgment of the Court of Claims (Modugno, J.), dated January 17, 1983, which, after a nonjury trial, dismissed their claim.
Judgment affirmed, without costs or disbursements.
Appellants contend that claimant Eric Walker, an infant, suffered permanent brain damage as a result of medical malpractice during heart surgery at Downstate Medical Center. To establish liability, appellants relied on the doctrine of res ipsa loquitur, arguing that prior to the…
2Cases cited3 opinions
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
- People ex rel. McGee v. WaltersNew York Court of Appeals · 1984
- Standard Textile Co. v. National Equipment Rental, Ltd.Appellate Division of the Supreme Court of the State of New York · 1981
3Cited by22 opinions
- Wern v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1995
- Division Seven, Inc. v. HP Builders Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Barzaghi v. Maislin TransportAppellate Division of the Supreme Court of the State of New York · 1985
- Platovsky v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Milone v. MiloneAppellate Division of the Supreme Court of the State of New York · 1999
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