2018 in Schenectady County, upon a verdict rendered in favor of defendants, and (2) from an order of said court, entered March 20, 2018 in Schenectady County, which denied plaintiffs' motion to set aside the verdict.
On February 17, 2014, plaintiff Curtis Rabideau presented to the emergency room complaining of double vision, as well a persistent headache that had lasted on and off since December 22, 2013, when he fell, hit his head and was knocked unconscious. A CT scan revealed that Rabideau was suffering from a subdural hematoma, and he ultimately underwent surgery to address his condition. The surgery was successful, however, the subdural hematoma had caused Rabideau to sustain permanent brain damage. Thereafter, Rabideau and his spouse, derivatively, commenced this medical malpractice action against defendant Zeev WolfWeitz, Rabideau's primary care physician, and defendant David Holodak, a nurse practitioner employed by Weitz, alleging that they failed to properly diagnose and treat Rabideau during office visits on December 26, 2013 and February 3, 2014 and that such failures resulted in a delayed diagnosis of the subdural hematoma. The matter proceeded to a jury trial and, at the close of plaintiffs' proof, defendants separately moved to dismiss the causes of action against them. Supreme Court reserved decision and, following the close of all of the proof, dismissed all direct claims against Weitz, finding that, given the proof, he could be found liable only under a theory of respondeat superior. Supreme Court otherwise denied defendants' motions. Following deliberations, the jury returned a verdict in favor of defendants, specifically