Lerner v. Huber
New York Supreme Court
139 N.Y.S.2d 549 (1955)
- Written by Sharon Feldman, JD
Facts
Yolande Huber (defendant) was a plastic surgeon. Selma Lerner (plaintiff) engaged Huber (defendant) to remove the tattoo that had been placed on her left forearm in a Nazi concentration camp. The surgery left an unsightly two-inch-by-one-inch scar. Lerner brought a medical-malpractice action against Huber. Lerner testified that she told Huber she was a fashion model, Huber assured her that the tattoo could be removed with a simple operation and only a thin stripe would remain that would disappear over time, and Lerner relied on Huber’s assurances in submitting to the surgery. Huber testified that Lerner was a clinic patient and did not compensate Huber for the surgery, Huber did not make any representations to Lerner, and the surgery and after-treatment conformed to the proper and approved practice. Huber’s testimony was supported by a plastic surgeon and professor at New York Medical College. The two doctors who testified for Lerner had no experience in the field.
Rule of Law
Issue
Holding and Reasoning (Gold, J.)
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