N. X. v. Cabrini Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.
The issue presented by this appeal is whether a hospital may be held liable for a sexual assault committed by a surgical resident either (a) because the assault is regarded as being within the scope of the resident’s employment, or (b) because the hospital’s nurses, who had no reason to know of the resident’s deviant proclivities and were unaware that an assault was occurring, were in close proximity. In our view, settled principles of law preclude imposing tort liability upon the hospital for the unforeseeable crime committed by the resident. While plaintiff…
2Cases cited28 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Hallock v. StateNew York Court of Appeals · 1984
- Riviello v. WaldronNew York Court of Appeals · 1979
- Becker v. SchwartzNew York Court of Appeals · 1978
- Eiseman v. StateNew York Court of Appeals · 1987
23 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- N. X. v. Cabrini Medical CenterNew York Court of Appeals · 2002
- Ten Broeck Dupont, Inc. v. BrooksKentucky Supreme Court · 2009
- Dobroshi v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 2009
- Regions Bank & Trust v. Stone County Skilled Nursing Facility, IncSupreme Court of Arkansas · 2001
- T. W. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
16 more not listed; retrieve them via the Exa API.