FKB’S ANDREW TOBMAN OBTAINED A DISMISSAL FOR A MAJOR HOSPITAL

04/7/2022

FKB’s Andrew Tobman obtained a dismissal for a major hospital, on motion claiming plaintiff’s action was time barred by the statute of limitations. The case involved a plaintiff who attempted suicide by throwing herself in front of a train, suffering traumatic amputations of a leg and arm; and also a punctured spleen.  Following life-saving treatment, and while being wheeled out of the defendant/hospital at the time of discharge, plaintiff alleges the wheelchair collapsed causing a partial MCL tear to her remaining knee.  Plaintiff brought the claim late arguing that she was mentally unfit, relying on the tolling provision of CPLR 208.  Andrew’s motion included an expert affirmation from a board-certified forensic psychiatrist who determined that although plaintiff had a psychiatric illness, she did not fit the profile of an ‘insane’ individual who should be entitled to a 208 toll.  The Judge found plaintiff’s arguments unpersuasive and relied upon the defendant’s expert opinions in granting the motion to dismiss.

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