HORTON v. NIAGARA FALLS MED.


51 A.D.2d 152 (1976)

Willard B. Horton et al., Respondents, v. Niagara Falls Memorial Medical Center, Appellant

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

February 13, 1976


Attorney(s) appearing for the Case

Findlay, Hackett, Reid & Wattengel (Paul Reid, Jr., of counsel), for appellant.

Grossman & Levine (Terry D. Smith of counsel), for respondents.

DILLON, GOLDMAN and WITMER, JJ., concur.


SIMONS, J.P.

Defendant appeals from a judgment awarding compensatory and derivative damages to plaintiffs for personal injuries resulting from Willard Horton's fall from defendant's second-story hospital window. On the day before the fall Mr. Horton had been admitted to the hospital, suffering from a "fever of undetermined origin" (subsequently diagnosed as pneumonitis) and observed to be acutely ill, "lacking...

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