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Ferrara v. Galluchio
New York Court of Appeals
5 N.Y.2d 16, 176 N.Y.S.2d 996, 152 N.E.2d 249 (1958)
Eleanor Ferrara (plaintiff) had bursitis in her right shoulder and received a series of X-ray treatments from Dr. Anthony Galluchio (defendant). After the treatments, Ferrara developed a radiation burn on her shoulder. Later, Ferrara was examined by a dermatologist. The dermatologist told Ferrara that Ferrara should have her shoulder checked every six months because cancer might develop. Ferrara brought suit against Galluchio, alleging that she suffered from mental anxiety as a result of the treatments. Specifically, Ferrara’s mental anxiety arose from the fear that Ferrara would develop cancer at the site of the radiation burn. At the trial, Ferrara sought to introduce the dermatologist’s out-of-court statement into evidence. The statement was not offered for the purpose of proving that Ferrara might develop cancer. Rather, the statement was offered for the purpose of establishing that there was a basis for Ferrara’s mental anxiety. The trial-court judge admitted the dermatologist’s statement into evidence. Subsequently, the jury ruled in favor of Ferrara. The appellate division affirmed. Galluchio appealed to the New York Court of Appeals.
Rule of Law
Holding and Reasoning (Conway, C.J.)
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