Advertising Disclosure Email Disclosure

Attorneys were victorious in the Appellate Division against plaintiffs, the children of a woman who was allegedly sexually assaulted by the employee of a nursing care facility

Attorneys were victorious in the Appellate Division against plaintiffs, the children of a woman who was allegedly sexually assaulted by the employee of a nursing care facility. The plaintiffs did not find out about the assault until many months later, when the county prosecutor contacted them to determine if they wanted to make a statement at sentencing. The plaintiffs brought suit alleging the negligent infliction of emotional distress. They premised their claim on both the "bystander liability" and "direct duty" theories. The Appellate Division found that the plaintiffs lacked any contemporaneous observation of the alleged assault to qualify under the bystander liability theory. Further, the Appellate Division held that there was no statutory duty to the children of the patient that was breached, and that the children did not assert sufficient injury if the Court were to recognize a common-law duty.

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."