Eugene Boulé (Partner-New York, NY) and Suzanne Swanson (Of Counsel, New York, NY) successfully defended one of New York's largest health care providers in a trial in Richmond County Supreme Court for alleged assault, battery, wrongful arrest, malicious prosecution and intentional infliction of emotional distress by the hospital’s security staff. After a trial that included testimony from eight current and former employees of our client, the plaintiff, the plaintiff's wife and a psychologist, the jury returned a unanimous defense verdict on six separate causes of action against the hospital and its staff. Plaintiff's father was a patient at the hospital and plaintiff visited him up to three times per day for several days preceding the incidents that led to a violent altercation between the plaintiff and security. Plaintiff claimed that a doctor intentionally stopped giving his father pain medication in retribution for the plaintiff unwittingly giving a sandwich to a patient who was scheduled to undergo surgery, leading to his distress and persistence in pursuing the hospital staff for treatment of his father. The plaintiff was banned from entering the hospital, which resulted in an altercation with security.
Special thanks to Daphney Lebrun who worked tirelessly in contacting and arranging meetings with more than 20 witnesses in the week prior to trial, and to Suzanne Swanson who did a masterful job in discovery, preparing the case for trial and providing critical support during the trial.