VAN GUILDER v. SANDS HECHT CONSTR. CORP.


240 A.D.2d 318 (1997)

659 N.Y.S.2d 439

Scott Van Guilder, Appellant, v. Sands Hecht Construction Corp., Respondent and Third-Party Plaintiff-Respondent. Antro Construction Corp, Third-Party Defendant-Respondent

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

June 24, 1997


Ample evidence justified the trial court's mitigation charge instructing the jury to consider whether a reasonably prudent person in plaintiff's position would have undergone a myelogram. Plaintiff's own treating physician, an orthopedist, repeatedly recommended a myelogram, which he termed a more "definitive test" necessary to make a proper diagnosis and decision whether surgery was indicated, and testified that if surgery were indicated, plaintiff would have been better...

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