[Download] "Louise Filanowicz v. Frank A. Guarino Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free

August 05, 2021

eBook details

Title: Louise Filanowicz v. Frank A. Guarino Et Al.
Author : Supreme Court of New York
Release Date : January 23, 1967
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

Judgment reversed, on the law and the facts and in the interests of justice, and new trial granted as to all parties other than defendant Fischetti, with costs to abide the event, and action as against said defendant severed. The case was submitted to the jury based on the negligence of defendant Musso, a technician employed by defendant Guarino, a licensed physician. Among the theories of liability for Musso's negligence submitted to the jury was the use of contaminated eyedrops in administering treatment to the plaintiff wife's left eye. There was no proof in the record that in fact the eyedrops were contaminated by the organism which was established to be the source of the infection resulting in the removal of her eye. Hence, in our view, it was error to permit the experts to speculate that the eyedrops were contaminated and, as a result of this speculation, further to conclude that the eyedrops were the source of the infection. Since there was a general verdict on behalf of the plaintiff wife, we are unable to say that the jury did not decide the case based upon this erroneous submission; and a new trial is therefore required (Ingersoll