DIAZ v. NEW YORK DOWNTOWN HOSPITAL


287 A.D.2d 357 (2001)

731 N.Y.S.2d 694

EVA DIAZ, Respondent, v. NEW YORK DOWNTOWN HOSPITAL, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 23, 2001.


The motion court erred in denying the hospital summary judgment on plaintiff's negligent supervision claim, since the hospital sufficiently demonstrated that it was not reasonably foreseeable that its independent contractor's employee would sexually assault plaintiff while conducting her vaginal sonogram. The record shows and the plaintiff conceded that the employee had been duly screened and his background sufficiently checked by Progressive, the independent contractor,...

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