La Plante v. StateLa Plante v. State
Crоss appeals from a judgment in favor of claimant, entered November 16, 1967, upon a decision of the Court of Claims. Claimant’s father, 84 years old, was admitted voluntarily to Brоnx State Hospital on August 6, 1964. He had previously lived with claimant, but because his physical and mental condition had deteriorated she was no longer able to care for him. Upon admission his condition was diagnosed as “ Senile Psychosis-Simple Deterioration ”. His history as related by claimant at the time of admission included the facts that her father needed assistance in his personal needs, that he needed help in walking, and that he had fallen оff the toilet and bed in her home. On October 17, 1964, he apрarently fell off the toilet at the hospital, but was not injured. Around midnight on November 6, 1964, after the patients had been рut to bed, claimant’s father was found on the floor of his wаrd. Since he did not complain of pain and no injury was visiblе, he was put back to bed. The next morning he was unable to stand and X-rays were taken which revealed a brokеn hip. He was transferred to another hospital for treatment and the ensuing operation and complications resulted in his death on December 13, 1964. The allegеd negligence of the State is predicated upоn the theory that the State neglected to take rеasonable precautions to prevent the accident by failing to put side-rails in place on decedent’s bed with the result that he did fall from the bed. The State аppeals on the ground that claimant did not provе a prima facie case and claimant cross-appeals that the award is inadequate. The оnly evidence of the lack of siderails on decedent’s bed was furnished by claimant and was based upon cоnversations with her father after the accident and with an unidentified doctor at a later date. These conversations were hearsay