Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Smith v. Saraf

July 3, 2001

YVONNE SMITH, INDIVIDUALLY, WILLIE SMITH, INDIVIDUALLY, AND ELIJAH SMITH, A MINOR, BY AND THROUGH YVONNE SMITH, PLAINTIFFS,
v.
ARVIND SARAF, M.D., JOHN DOE PROFESSIONAL CORPORATION/PARTNERSHIP, JOHN DOE MEDICAL PROVIDERS A-Z, DEFENDANTS, AND ARVIND SARAF, M.D., THIRD-PARTY PLAINTIFF,
v.
THE UNITED STATES OF AMERICA, THIRD-PARTY DEFENDANT.



The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge

ORDER

This matter having come before the Court on the motion of the United States of America to dismiss the Third-Party Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(1) or, in the alternative, for summary judgment pursuant to Fed. R. Civ. P. 56(c), Robert J. Cleary, Esq., United States Attorney, and Dorothy J. Donnelly, Esq., Assistant United States Attorney, appearing on behalf of the United States, and John A. Talvacchia, Esq. and Sharon Galperin, Esq., Stahl & DeLaurentis, appearing on behalf of Third-Party Plaintiff, Dr. Arvind Saraf, M.D.; and,

This Court having considered the moving papers filed by counsel for the United States and the opposition papers filed by counsel for Dr. Saraf, and the oral arguments of counsel;

For the reasons set forth in the OPINION filed today by the Court, IT IS, on this 3d day of July, 2001, hereby ORDERED that:

1. The motion of the United States for summary judgment on the Third-Party Plaintiff's claim for indemnification and contribution for Yvonne Smith's wrongful birth claim is GRANTED; and,

2. The motion of the United States for summary judgment on the Third-Party Plaintiff's claim for indemnification and contribution for Willie Smith's wrongful birth claim is GRANTED; and,

3. The motion of the United States for summary judgment on the Third-Party Plaintiff's claim for indemnification and contribution for Elijah Smith's wrongful life claim is DENIED.

20010703

© 2001 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.