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Amar v. Lutheran Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 294 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Pincus, J.), entered November 30, 1995, which, upon a jury verdict in favor of the defendant, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

On May 13, 1991, the plaintiff Ilham Amar, while a patient at the defendant Lutheran Medical Center, allegedly tried to elevate the foot portion of her hospital bed when the bed collapsed to its lowest position. At trial, the plaintiffs proceeded on the theory of res ipsa loquitur and the jury rendered a unanimous verdict in favor of the defendant.

The trial court properly denied the plaintiffs' motion pursuant to CPLR 4401 for judgment as a matter of law. Viewing the evidence in the light most favorable to the defendant, there exists a rational process by which the jury could find for the defendant ( see, Jastrzebski v. North Shore School Dist., 223 A.D.2d 677, affd 88 N.Y.2d 946, for reasons stated below; Westchester Joint Water Works v. City of Yonkers, 155 A.D.2d 534, 536; Dooley v. Skodnek, 138 A.D.2d 102).

In addition, the verdict is not contrary to the weight of the evidence since it has not been shown that the jury could not have reached the verdict on any fair interpretation of the evidence ( see, Lolik v. Big V Supermarkets, 86 N.Y.2d 744; Nicastro v Park, 113 A.D.2d 129).

The plaintiffs' remaining contentions are either unpreserved for review or without merit. Mangano, P.J., O'Brien, Thompson and Goldstein, JJ., concur.


Summaries of

Amar v. Lutheran Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 294 (N.Y. App. Div. 1997)
Case details for

Amar v. Lutheran Medical Center

Case Details

Full title:ILHAM AMAR et al., Appellants, v. LUTHERAN MEDICAL CENTER, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 7, 1997

Citations

238 A.D.2d 294 (N.Y. App. Div. 1997)
656 N.Y.S.2d 927