HEGGER v. GREEN

Nos. 12, 49, Dockets 80-7146, 80-7170.

646 F.2d 22 (1981)

Hilda HEGGER, Executrix of the Estate of Fred P. Hegger, Plaintiff-Appellee-Appellant, v. George E. GREEN, Defendant-Appellee, and St. Luke's Hospital Center, Defendant-Appellant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 12, 1981.

Rehearing and Rehearing Denied May 13, 1981.


Attorney(s) appearing for the Case

Paul D. Rheingold, New York City, for plaintiff-appellant.

Roger P. McTiernan, New York City (Michael F. Close, Barry McTiernan & Moore, New York City, of counsel), for defendant-appellant-appellee St. Luke's Hospital Center.

Sidney A. Florea, New York City (Ferziger, Wohl, Finkelstein & Rothman, New York City, of counsel), for defendant-appellee George E. Green.

Before FRIENDLY, MANSFIELD and MESKILL, Circuit Judges.


Rehearing and Rehearing In Banc Denied May 13, 1981.

MESKILL, Circuit Judge:

The plaintiff Hilda Hegger, executrix for the estate of her deceased husband, Fred Hegger, brought this diversity-based medical malpractice action against the defendants Dr. Green and St. Luke's Hospital Center (St. Luke's), claiming that their negligence caused the wrongful death of her husband. The jury found that both defendants had been negligent and that the decedent had been...

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