LOUIS v. KIMMELMAN


8 A.D.3d 206 (2004)

779 N.Y.S.2d 478

MARGARET LOUIS et al., Respondents, v. CHARLES P. KIMMELMAN, M.D., Appellant.

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

June 29, 2004.


In this medical malpractice action arising out of defendants' failure to timely diagnose and treat plaintiff Louis's acoustic neuroma, the parties disputed whether defendant had advised Louis to undergo an MRI when she first consulted him in 1994. The jury clearly accepted plaintiffs' version of the facts. It is well settled that the credibility of witnesses and the resolution of any conflict between them are matters for the jury, which is "optimally situated" for such assessment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases