Opinion · New York Court of Appeals

Fiederlein v. New York City Health & Hospitals Corp.

56 N.Y.2d 573

Type: Opinion
Court: New York Court of Appeals
Jurisdiction: New York
Date: 1982-03-30
Topic: general

How later courts describe this case

“Mere conjecture, surmise or speculation is not enough to sustain a claim for damages.”

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Cited by: 27 opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The evidence was insufficient to form the basis for a jury award of damages for conscious pain and suffering. Mere conjecture, surmise or speculation is not enough to sustain a claim for damages. There was no direct proof of the cause of the decedent’s death and, more importantly, there was no proof of conscious pain and suffering in connection with *575 that death. Moreover, we find the record to be insufficient to support a finding that decedent experienced increased pain while at the hospital as a proximate result of the treatment which he received.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.