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ABBOTT v. ST. LUKE'S MEM. HOSP.

38 A.D.2d 176 (1972)

Gladys Abbott, as Executrix of Edwin L. Abbott, Appellant, v. St. Luke's Memorial Hospital Center, Respondent

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

January 13, 1972.

Attorney(s) appearing for the Case

Roger H. Williams (Kevin B. Blaney of counsel), for appellant.

Gorman, Waskiewicz, Lutz & Durso (Bartle J. Gorman of counsel), for respondent.

MARSH, WITMER and HENRY, JJ., concur with DEL VECCHIO, J. P.; MOULE, J., dissents and votes to reverse the judgment and grant a new trial, in an opinion.

DEL VECCHIO, J. P.

On August 16, 1968 the decedent was assigned to a room with an electrically controlled bed equipped for top and bottom side rails. A nurse on duty on August 17 from 11:00 P.M. to 7:00 A.M. testified, by referring to entries she made in the hospital record, that the patient was restless and confused as to time and place and that he tried twice to get out of bed. She also made this entry, "Needs...

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