Susan Pinto sued the Putnam Hospital Center because one of its employees supposedly committed malpractice for not properly adjusting her cane. (Pinto claimed she fell because the cane was too short.)
When the hospital later tried to get the case dismissed, both the Putnam County Supreme Court and the Appellate Division, Second Department, thought that the dispute couldn't be decided on the papers presented since there was a question as to whether the hospital--or its personnel--deviated from "accepted standards of care."
Because both sides presented expert opinion which supported their respective positions, the dispute was left for a jury to decide.
Someone's in for a real caning.
To view a copy of the Appellate Division's decision, please use this link: Pinto v. Putnam Hosp. Ctr., Inc.