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JOHNSON v. WESTFIELD MEM HOSP

184 Misc.2d 792 (2000)

710 N.Y.S.2d 862

DARYL JOHNSON et al., Plaintiffs, v. WESTFIELD MEMORIAL HOSPITAL, INC., et al., Defendants.

Supreme Court, Chautauqua County.

June 21, 2000.

Attorney(s) appearing for the Case

Damon & Morey L. L. P. (Joseph J. Manna of counsel), for Westfield Memorial Hospital, Inc., and another, defendants.

Gibson, McAskill & Crosby (Sally J. Broad of counsel), for Grant Stephenson, defendant.

Brown & Tarantino, L. L. P. (Colleen P. Cartonia of counsel), for Barry Myers, defendant.

Dirk J. Oudemool for plaintiffs.

OPINION OF THE COURT

JOSEPH GERACE, J.

Defendants, David R. Trusel and Westfield Memorial Hospital, Inc., move for summary judgment dismissing all claims against them in this medical malpractice action. Mr. Trusel is a physician's assistant and the hospital is alleged to be vicariously liable for his actions.

On August 25, 1995, plaintiff, Daryl Johnson, was struck in the eye by a metal object. He was seen at 10:00 P.M. that day by Mr. Trusel at...

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