New York State Court of Claims

New York State Court of Claims

JACKSON v. STATE OF NEW YORK, #2003-018-233, Claim No. 105610, Motion No. M-66642


Synopsis


Claimant's motion for partial summary judgment on the issue of liability if granted; defendant is 100% liable for the injuries described herein.

Case Information

UID:
2003-018-233
Claimant(s):
BERDELL JACKSON as Guardian of the Person and Property of TERRENCE L. JACKSON, a Developmentally Disabled Person, pursuant to Art. 17-A of the SCPA
Claimant short name:
JACKSON
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105610
Motion number(s):
M-66642
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
ALEXANDER & CATALANO, LLCBy: James L. Alexander, Esquire
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: Michael R. O'Neill, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
July 9, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision
Claimant brings a motion for partial summary judgment on the issue of liability. Defendant opposes the motion.

Claimant has supplied the Court with the following documents in support of the motion: the claim, the answer, the affirmation of claimant's counsel stating that defendant was served with a Notice to Admit and failed to respond or deny the assertions set forth in the Notice; a copy of the Notice to Admit served upon the defendant with affidavit of service; an affirmation from Dr. Mitchell M. Frost, and uncertified medical records. Defendant, in opposition, submits the affirmation of counsel and uncertified medical records.

Claimant has established that there is no issue of fact warranting a trial on the issue of defendant's liability. These facts are undisputed. At approximately 11:40 p.m. on November 10, 2000, claimant was struck by a motor vehicle while a pedestrian. Claimant was taken to the State University of New York Health Science Center, where it was determined that he required a blood transfusion as a result of a decreased hemoglobin and hematocrit. O
n November 22, 2000, two units of red cells were ordered and claimant was transfused with one which had donor unit number 01FC07270 and consisted of blood type A Rh (D) positive. Claimant's blood type is O Rh (D) positive. The transfusion blood donor unit number 01FC07270 was not compatible with claimant's blood type. As a result of claimant receiving an incompatible blood transfusion, he suffered an acute hemolytic transfusion reaction causing renal failure which required dialysis for a period of time. The defendant deviated from the standard of care customarily followed by general hospitals when claimant was transfused with incompatible blood.
Defendant has openly admitted, or failed to deny, those facts which establish a prima facie case of medical malpractice. Defendant has come forward with no proof, in admissible form, raising an issue of fact.
Based upon the foregoing, claimant's motion for partial summary judgment on the issue of liability is GRANTED, defendant is 100% liable for the injuries described herein. A conference will be held with the Court so that a trial on damages may be scheduled. The extent of claimant's injuries and pain and suffering attributable to the defendant's negligence will appropriately be considered at the time of the trial on the issue of damages.


July 9, 2003
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:

Notice of Motion............................................................................................1

Affirmation of James L. Alexander, Esquire, in support, with exhibits

attached thereto...................................................................................2


Affirmation of Michael R. O'Neill, Esquire, Assistant Attorney General,

in opposition........................................................................................3