Judgment reversed, on the law, and new trial granted, with costs to abide the event.
In this medical malpractice action, plaintiff Margaret O'Shea alleged that defendant, Dr. Anthony J. Sarro, severed or damaged her spinal accessory nerve when he performed surgery in January, 1979 to remove enlarged lymph nodes from her neck. This resulted in the atrophy of the trapezius muscle in her right shoulder, which is innervated by the spinal accessory nerve. Plaintiff testified...
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