AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

GERARD WELDON, ETC., respondent-appellant, v. ALICE BEAL, et al., defendants, LONG ISLAND COLLEGE HOSPITAL, appellant-respondent.

DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the contention of the defendant Long Island College Hospital (hereinafter LICH), the plaintiff adduced sufficient evidence from which a jury could rationally conclude that the sole proximate cause of Carol Weldon's permanent brain damage was the deviation by LICH from good and accepted standard medical practice (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 498-499; Mortensen v. Memorial Hosp., 105 A.D.2d 151, 158; Mertsaris v. 73rd Corp., 105 A.D.2d 67, 82-88; Kiker v. Nassau County, 175 A.D.2d 99). Moreover, the plaintiff adduced sufficient evidence to demonstrate that Weldon, although in a vegetative state, has the requisite level of awareness necessary for an award of damages for conscious pain and suffering (see, McDougald v. Garber, 73 N.Y.2d 246; Walsh v. Staten Is. Obstetrics Gynecology Assocs., 193 A.D.2d 672).

The award of damages for past and future pain and suffering as reduced by the trial court and stipulated to by the plaintiff does not deviate materially from what would be reasonable compensation (see, CPLR 5501[c]). The parties' remaining contentions are without merit.

O'BRIEN, J.P., THOMPSON, S. MILLER and H. MILLER, JJ., concur.

Use AI to get other relevant cases.

Comments

WELDON v. BEAL
(May 3, 2000)