Fuller v. St. Barnabas Hospital

Appellate Division of the Supreme Court of New York

Fuller v. St. Barnabas Hospital

271 A.D.2d 269, 706 N.Y.S.2d 631, 2000 N.Y. App. Div. LEXIS 4082

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 11, 2000

StatusPublished

This text of 271 A.D.2d 269 (Fuller v. St. Barnabas Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fuller v. St. Barnabas Hospital, 271 A.D.2d 269, 706 N.Y.S.2d 631, 2000 N.Y. App. Div. LEXIS 4082 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered August 26, 1999, which, in an action by a psychiatric patient for personal injuries sustained in defendant hospital when plaintiff was attacked by two fellow psychiatric patients on the ward, insofar as appealed from, denied the motion of defendant-appellant for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

An issue of fact exists as to whether the attack on plaintiff was a reasonably foreseeable consequence of any failure by appellant to perform his administrative and managerial duties as director of the psychiatric unit, including whether the attack on plaintiff was a foreseeable consequence of placing her on a ward with inadequate policies in place to protect against physical attack (see, Bell v Board of Educ., 90 NY2d 944). Concur— Lerner, J. P., Andrias, Saxe, Buckley and Friedman, JJ.

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—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered August 26, 1999, which, in an action by a psychiatric patient for personal injuries sustained in defendant hospital when plaintiff was attacked by two fellow psychiatric patients on the ward, insofar as appealed from, denied the motion of defendant-appellant for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

An issue of fact exists as to whether the attack on plaintiff was a reasonably foreseeable consequence of any failure by appellant to perform his administrative and managerial duties as director of the psychiatric unit, including whether the attack on plaintiff was a foreseeable consequence of placing her on a ward with inadequate policies in place to protect against physical attack (see, Bell v Board of Educ., 90 NY2d 944). Concur— Lerner, J. P., Andrias, Saxe, Buckley and Friedman, JJ.

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Bluebook (online)

271 A.D.2d 269, 706 N.Y.S.2d 631, 2000 N.Y. App. Div. LEXIS 4082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-st-barnabas-hospital-nyappdiv-2000.

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