## Facts

- Virginia Modave was injured in a June 8, 1968 automobile accident and taken to Long Island Jewish Medical Center (LIJ) for emergency care.
- Modave reported neck pain and a “pins and needles” sensation in her fingertips, suggesting possible cervical spine injury.
- At LIJ, she was left on a stretcher in a hallway for about an hour without neck immobilization or instruction to keep her head still.
- In the x-ray room, a technician allegedly twisted her neck while positioning her, causing severe shooting pain down her arm.
- LIJ did not diagnose a serious cervical spinal injury and later transferred Modave to Meadowbrook Hospital, operated by Nassau County, due to capacity constraints.
- Modave claimed Meadowbrook’s subsequent handling and treatment further aggravated her condition, leading to surgery and permanent neurological deficits.
- Modave sued LIJ for negligent examination, immobilization, imaging, diagnosis, and supervision/instructions to staff; she also sued Nassau County for negligent post-transfer treatment and aggravation.

## Issues

1. Under then-existing New York law, may a defendant found negligent (LIJ) be required to pay the portion of damages attributable to another alleged tortfeasor (Nassau County) that was not held liable due to procedural barriers.
2. Whether New York law provided LIJ a right of contribution or indemnity against Nassau County sufficient to justify shifting Nassau’s share of damages to LIJ.

## Decision

- The Second Circuit affirmed the district court’s allocation ruling.
- The court held that, under the New York law then applicable, LIJ could not be compelled to pay damages attributable to Nassau County’s negligence where LIJ lacked a clearly available right of contribution or indemnity against Nassau.
- Because Nassau’s potential liability was not imposed (on procedural grounds), Modave could not enlarge LIJ’s liability to recover the amount that would have been assigned to Nassau.

## Legal Principles

- In a diversity action, a federal court applies state substantive law and should not expand state contribution/indemnity doctrines beyond what state statutes and precedent clearly recognize.
- Absent a recognized right of contribution or indemnity against a co-tortfeasor, a defendant’s monetary liability generally cannot be increased to cover the co-tortfeasor’s uncollected share.
- Where state law on contribution among alleged joint or successive tortfeasors is uncertain, a federal court should avoid imposing a major reallocation of loss not clearly authorized by the state’s legislature or highest court.

## Conclusion

The Second Circuit held that New York law did not permit shifting Nassau County’s unadjudicated share of negligence to LIJ, so LIJ remained liable only for the damages attributable to its own malpractice rather than the full injury allegedly caused by multiple providers.


Modave v. Long Island Jewish Med. Ctr., 501 F.2d 1065 (2d Cir. 1974)