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O'LAUGHLIN v. SALAMANCA HOSP. DIST.

36 A.D.2d 51 (1971)

Gertrude O'Laughlin et al., Appellants, v. Salamanca Hospital District Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 18, 1971.

Attorney(s) appearing for the Case

Albert Averbach for appellants.

Hornburg, Diggs & Hornburg (Robert M. Diggs of counsel), for respondent.

GOLDMAN, P. J., DEL VECCHIO, MOULE and HENRY, JJ., concur.

WITMER, J.

In a notice of claim served upon defendant-respondent hospital on June 2, 1969 plaintiffs asserted that while plaintiff Gertrude O'Laughlin was a patient in the hospital on March 15, 1969 in a confused and restless state, of which the hospital knew or should have known, she fell out of bed and sustained broken limbs and other injuries by reason of the negligence of the hospital in using defective restraints...

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