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SIMON v. NEW YORK UNIVERSITY MEDICAL CENTER

267 A.D.2d 170 (1999)

700 N.Y.S.2d 31

ROBERT SIMON et al., Appellants, v. NEW YORK UNIVERSITY MEDICAL CENTER, Respondent.

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

Decided December 28, 1999.

There is no merit to plaintiff's argument that the verdict is against the weight of the evidence, where plaintiff's expert admitted that the medical records contained no indication of fatigue, and that absent indications of fatigue or unsteadiness, it would have been appropriate to leave plaintiff alone in the bathroom once he was seated. Moreover, plaintiff's wife testified that he did not need assistance in walking from the bed...

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