KASPER v. DAMIAN

No. 07-CV-6146 CJS.

689 F.Supp.2d 492 (2010)

Diane KASPER and Laurence Kasper, Plaintiffs v. Richard A. DAMIAN, M.D. Guthrie Clinic, Ltd., and Robert Packer Hospital, Defendants.

United States District Court, W.D. New York.

January 29, 2010.


Attorney(s) appearing for the Case

Christina Bruner Sonsire, Esq., Ziff Law Firm, Elmira, NY, for Plaintiffs.

Donald S. Thomson, Esq., Davidson & O'Mara, P.C., Elmira, NY, Matthew W. Rappleye, Esq., Stevens and Lee, Lancaster, PA, for Defendants.


DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is a diversity action alleging medical malpractice in connection with injuries sustained during a laparoscopic gallbladder surgery. Now before the Court is Plaintiffs' motion (Docket No. [# 25]) for partial summary judgment as to liability. For the reasons that follow, the application is denied.

BACKGROUND

Unless otherwise noted, the following are the facts...

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