Huggan v. Brookdale Hospital

OPINION OF THE COURT

Memorandum.

Order reversed without costs, defendant’s motion for summary judgment granted and complaint dismissed.

This personal injury action arose out of an incident wherein plaintiff, a “patient companion” employed by B & G Registry Inc. and assigned to work at Brookdale Hospital Medical Center, was assaulted by a hospital patient. Defendant, in a motion for summary judgment, sought dismissal of the action on the ground that, as a matter of law, plaintiff was its “special employee” whose exclusive remedy was workers’ compensation, and that the instant action was therefore…