Catalano Gallardo & Petropoulos - Jericho, New York Law Firm

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CG&P Awarded Summary Judgment in Favor of Home Health Care Agency

Category: Nursing Home Liability | Tags: summary judgment

In an action alleging intentional tort and negligent hiring, training, and supervision, CG&P was awarded summary judgment dismissing all claims against its client, a prominent New York City based home health care agency. Plaintiffs alleged that a co-defendant home health aide, who was employed by CG&P’s client, had physically and verbally abused the infant-plaintiff. The Court agreed with CG&P’s arguments with respect to vicarious liability and found that that the aide’s conduct was unforeseeable and outside the scope of her employment. Moreover, in addressing the negligent hiring, training, and supervision claim, CG&P established there was no evidence that its client knew or should have known of the aide’s propensity for the conduct which allegedly caused the injuries. The case was handled by CG&P Partner, Michele Levin, and Christopher Rogers, Of Counsel to the Firm. 

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