Judgment affirmed, with costs.
In the early morning hours of March 28, 1981, Bertha Rosenthal was found on the floor next to her hospital bed. Although a hospital regulation provided that the bed rails be in an upright position at all times for all patients over the age of 70, Mrs. Rosenthal's bed rail was down. There were no witnesses to the accident, and Mrs. Rosenthal subsequently had no recollection of the event.
The hospital administrator testified that...
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