Graig R. Avino Obtains Summary Judgment in Richmond County Supreme Court

On December 7, 2018, the Honorable Kim Dollard of the Supreme Court, Richmond County, granted Mr. Avino’s motion for summary judgment brought on behalf of his client, a Staten Island based hospital.  Plaintiff claimed the hospital failed to diagnose and treat a subarachnoid hemorrhage, resulting in the death of a 28-year-old male, a New York City Transit Authority bus operator, and father of five.  In reply papers and at oral argument before the Court, Mr. Avino highlighted plaintiff’s expert’s failure to establish causation, in that there were no additional measures that could have been taken to prevent the spontaneous and unpredictable brain bleed.  Justice Dollard agreed and granted the motion in its entirety, dismissing the case with prejudice.

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