Dubicki v. Maresco – Case Brief Summary (New York)

In Dubicki v. Maresco, 64 A.D.2d 645, 407 N.Y.S.2d 66 (2d Dep't 1978), a case involving facts similar to the case at hand, plaintiff commenced a combined negligence and medical malpractice action for injuries he sustained to his leg in an automobile accident and for the loss of use of his leg due to the negligent treatment of those injuries by the physician defendants.

The court found that "the initial tort-feasors, are liable to the plaintiffs not only for the injuries caused by the negligent operation of their vehicle, but also for the reasonable foreseeable aggravation of Mr. Dubicki's conditions by subsequent acts of malpractice committed at Elmhurst General and by Dr. Dashefsky." (Id. at 646.)