Johnson v. New York City Health & Hospitals Corp.

Rosenberger, J. (dissenting).

For the reasons below, I would reverse the verdict as against the weight of the evidence.

Despite believing that “the evidence was very strong in favor of the plaintiff” and stating that the plaintiff would have prevailed at a Bench trial, the Trial Judge denied the motion because of his general reluctance to disturb jury verdicts as a matter of principle.

While it is true that the size of the Bellevue Hospital complex (about 1,000 inpatients and 4,000 employees in 1989) and the nature of its clientele present special challenges for hospital security and…