Davis v. Brookdale University Hospital & Medical Center

OPINION OF THE COURT

Martin Schneier, J.

In this case the plaintiff mother, while visiting her infant daughter in an inpatient room in a hospital’s pediatric ward, was assaulted and injured by another mother and her two friends who were visiting an infant in the adjoining bed. The assault occurred after the nursing staff was made aware of threatening and menacing behavior of the assailants which escalated over the course of an hour and culminated in the plaintiff being assaulted in the presence of a security guard. The primary issue presented is whether the plaintiffs negligence claim is barred…