Mayer v. Oswego County Ob-Gyn, P. C.
Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Plaintiffs Joni L. and Sean M. Mayer, individually and on behalf of their infant daughter, Kali A. Mayer, appeal from a judgment based upon a jury verdict in favor of defendants, Oswego County Ob-Gyn, P. C., and Ronald V. Uva, M.D., dismissing their medical malpractice action. Plaintiffs contend that they were entitled to a directed verdict or to judgment notwithstanding the verdict. We disagree. A motion
The trial court’s instruction on the standard of care was proper. The instruction correctly set forth the rule enunciated by the Court of Appeals in Toth v Community Hosp. (22 NY2d 255, 262; see also, PJI 2:150). Contrary to plaintiffs’ argument, there is no rule setting up a third standard for board-certified specialists (cf., Thomas v Solon, 121 AD2d 165, 166).
Plaintiffs’ request for an interested witness charge concerning two labor room nurses was properly denied. The nurses were not employed by defendants. Thus, PJI 1:92 was not applicable. In any event, the witnesses were called by plaintiffs, who had a full opportunity to explore their relationships with Dr. Uva and any potential bias they may have had (see, Perrin v Winne, 123 AD2d 610). (Appeal from Judgment of Supreme Court, Oswego County, Nicholson, J.—Medical Malpractice.) Present—Pine, J. P., Lawton, Fallon, Doerr and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.