La Plante v. State
Cases that cite this one
3 later published cases cite this decision.
- Giandana v. Providence Rest Nursing Home (Appellate Division of the Supreme Court of New York 2006)
- Anderson v. 35 West 23rd Street Condominium (Appellate Division of the Supreme Court of New York 1997)
- Cassese v. Brooklyn Hospital (Appellate Division of the Supreme Court of New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Concur: Chief Judge Fuld and Judges Scileppi, Beegan and Jasen. Judge Breitel dissents and votes to reverse in the following memorandum: I dissent and vote to reverse and reinstate the judgment of the Court of Claims on the ground that on all the circumstances the trial court properly found as a fact with respect to this senile, disoriented, physically-feeble patient that bedside rails were required and that his accident would not or could not happen unless there were no side rails. Whether decedent sustained his accident falling from the bed and crawled away, or fell some distance from his bed, is not material. In either event, the accident would not have happened if he had been protected by side rails. Taking no part: Judges Burke and Gibson.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.