New York State Court of Claims

New York State Court of Claims

WALKER v. STATE OF NEW YORK, #2008-018-612, Claim No. 102726


Synopsis


The claim is dismissed. No expert medical testimony was offered and without medical proof, Claimant cannot sustain her claim because the question of whether Defendant breached the standard of care in treating and caring for decedent is not within the common knowledge of a lay person and requires expert testimony (see Mosberg v Elahi, 80 NY2d 941, 942; Schuller v Martinelli, 304 AD2d 967, 968; Macey v Hassam, 97 AD2d 919)

Case Information

UID:
2008-018-612
Claimant(s):
CARMEN Y. WALKER, Administrator for Estate of BARRY L. WALKER
Claimant short name:
WALKER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102726
Motion number(s):

Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant’s attorney:
THE PROSKIN LAW FIRMBy: Marc D. Greenwald, Esquire
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New York
By: G. Lawrence Dillon, EsuqireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
February 13, 2008
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

Claimant filed a claim for damages for the pain and suffering and wrongful death of Barry L. Walker as a result of Defendant’s alleged negligence and medical malpractice in treating Mr. Walker while he was an inmate with the New York State Department of Correctional Services. Mr. Walker died on July 15, 1998. After a long history, this matter was scheduled for trial.

Claimant introduced no documentary evidence and presented no testimony. No expert medical testimony was offered. As set forth on the record, without medical proof, Claimant cannot sustain her claim because the question of whether Defendant breached the standard of care in treating and caring for Mr. Walker is not within the common knowledge of a layperson and requires expert testimony (see Mosberg v Elahi, 80 NY2d 941, 942; Schuller v Martinelli, 304 AD2d 967, 968; Macey v Hassam, 97 AD2d 919).

Defendant made a motion to dismiss the claim and the Court granted the motion on the record. The Clerk of the Court is directed to enter judgment dismissing the claim.



February 13, 2008
Syracuse, New York

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