HEMMERLING v. BARNES


269 A.D.2d 752 (2000)

702 N.Y.S.2d 731

DAVID M. HEMMERLING, Individually and as Administrator of the Estate of DEBORAH A. HEMMERLING, Deceased, Respondent, v. JAMES BARNES et al., Defendants, and STEVEN BARNES, Appellant. (Appeal No. 2.)

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

Decided February 16, 2000.


Amended judgment unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action seeking damages for the alleged negligence of, inter alia, Steven Barnes, D.O. (defendant) in providing medical treatment to Deborah A. Hemmerling (decedent). Supreme Court properly instructed the jury that, "[i]n a death action such as this * * * the plaintiff * * * is not held to as high a degree of proof as is required of an injured plaintiff who can describe...

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