MAE MIHALKO v. REGNAIERE


36 A.D.3d 983 (2007)

828 N.Y.S.2d 617

SUSAN MAE MIHALKO, Respondent, v. MARJORIE REGNAIERE et al., Appellants.

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

Decided January 4, 2007.


Mugglin, J.

On August 6, 2002, while exiting defendants' motel, plaintiff suffered an inversion injury to her right ankle when an unattached wooden box, used as a step, moved, causing her to fall. Because of continuing pain, one month later she consulted Jeffrey Gundel, a board certified orthopedic surgeon, who, in November 2002, performed subtalar fusion surgery. The large screw used in this procedure was surgically removed...

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