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Rosensweig v. State

171 N.Y.S.2d 912 (1958)

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Rosensweig v. State

New York Supreme Court, Appellate Division

171 N.Y.S.2d 912 (1958)

Facts

George Flores was a boxer. Flores fought on July 24 and August 14 of 1951, both times losing by a technical knockout. Flores had been examined by doctors prior to both fights and certified as fit with no evidence of brain injury. Flores was examined by a third physician (the examining physician) and certified as fit for a fight scheduled on August 29, 1951. The examining physician, like the previous doctors, filed a report certifying Flores’s fitness with the State Athletic Commission. During the fight on August 29, Flores was knocked out in one of the later rounds by a blow to the head. Flores died four days later from cerebral hemorrhage and edema. Flores’s estate (plaintiff) sued the State of New York (defendant) alleging the state’s liability for the examining physician’s negligence. The trial court ruled in favor of Flores’s estate. The state appealed, arguing that the state could not be held liable for the examining physician’s conduct and that in any event, Flores’s estate had failed to establish a claim of negligence as to the examining physician. The appellate court assumed that the state could be held liable for the examining physician’s conduct.

Rule of Law

Issue

Holding and Reasoning (Coon, J.)

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