FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`ST ATE OF NEW YORK
`SUPREME COURT
`
`PRISCILLA BRINSON,
`
`COUNTY OF ALBANY
`
`Plaintiff,
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`SUMMONS
`
`-against-
`
`INDEX NO.:
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`ST. PETER' S HEALTH PARTNERS,
`TRINITY HEAL TH,
`HERITAGE HOUSE NURSING CENTER, INC.,
`
`Defendants.
`
`TO THE ABOVE-NAMED DEFENDANTS:
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`YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs attorneys an
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`answer to the Complaint in this action, within twenty (20) days after the service of this summons,
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`exclusive of the day of service, or within thirty (30) days after service is complete if this summons
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`is not personally delivered to you within the State of New York. In case of your failure to answer,
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`judgment will be taken against you by default for the relief demanded in the Complaint.
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`Plaintiff designates Albany County as the place of trial.
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`The basis of venue is that defendants have a principle place of business in Albany County.
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`DATED: July 21, 2021
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`By:
`
`Matthew J. Dillon, Esq.
`MARTIN, HARDING AND MAZZOTTI, LLP
`Attorneys for Plaintiff
`1 Wall Street
`Post Office Box 15141
`Albany, New York 12212-5141
`(518) 862-1200
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`1 of 10
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`STATE OF NEW YORK
`SUPREME COURT
`
`PRISCILLA BRINSON,
`
`COUNTY OF ALBANY
`
`Plaintiff,
`
`COMPLAINT
`
`-against-
`
`INDEX NO.:
`
`ST. PETER'S HEALTH PARTNERS,
`TRINITY HEAL TH,
`HERITAGE HOUSE NURSING CENTER, INC.,
`
`Defendants.
`
`Plaintiff, PRISCILLA BRINSON, by and through her attorneys, MARTIN, HARDING
`
`& MAZZOTTI, LLP, as and for a complaint against the Defendants herein, alleges as follows:
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`1.
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`That at all times herein relevant, Plaintiff, Priscilla Brinson, was a resident of the
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`County of Rensselaer, State of New York.
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`2.
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`Upon information and belief, at all times hereinafter mentioned, defendant St.
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`Peter's Health Partners was and still is a domestic not-for-profit corporation existing pursuant to
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`the laws of the State of New York with a principal place of business located at 315 S. Manning
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`Blvd., City of Albany, County of Albany, State of New York.
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`3.
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`Upon information and belief, at all times hereinafter mentioned, defendant, Trinity
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`Health, is a foreign not-for-profit corporation authorized to conduct business in the State of New
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`York with offices located at 315 S. Manning Blvd., City of Albany, County of Albany, State of
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`New York.
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`4.
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`Upon information and belief, at all times hereinafter mentioned, defendant Heritage
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`House Nursing Center Inc., was and still is a domestic not-for-profit corporation existing pursuant
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`2 of 10
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`to the laws of the State of New York with a principal place of business located at 2920 Upper
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`Tibbits Avenue, City of Troy, County of Rensselaer, State of New York.
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`5.
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`Upon information and belief, at all times hereinafter, defendant, St. Peter's Health
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`Partners, was and still is the owner of a nursing home and rehabilitation facility, known as the
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`Eddy Heritage House Nursing & Rehabilitation Center located in the City of Troy, County of
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`Rensselaer, State of New York (hereinafter "The Eddy Heritage House").
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`6.
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`That at all times hereinafter mentioned, defendant, St. Peter's Health Partners, was
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`engaged in the business of operating and maintaining The Eddy Heritage House for the rendering
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`of personal and health care to aged, infirm, and disabled persons at said facility.
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`7.
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`Upon information and belief, at all times hereinafter, defendant, Trinity Health, was
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`and still is the owner of a nursing home and rehabilitation facility known as The Eddy Heritage
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`House.
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`8.
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`That at all times hereinafter mentioned, defendant, Trinity Health, was engaged in
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`the business of operating and maintaining The Eddy Heritage House for the rendering of personal
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`and health care to aged, infirm, and disabled persons at said facility.
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`9.
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`Upon information and belief, at all times hereinafter, defendant, Heritage House
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`Nursing Center, Inc., was and still is the owner of a nursing home and rehabilitation facility known
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`as The Eddy Heritage House.
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`10.
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`That at all times hereinafter mentioned, defendant, Heritage House Nursing Center,
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`Inc., was engaged in the business of operating and maintaining The Eddy Heritage House for the
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`rendering of personal and health care to aged, infirm, and disabled persons at said facility.
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`3 of 10
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`11.
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`That at all times hereinafter mentioned, defendants stood in such a relationship with
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`plaintiff as to make them liable for the acts and omissions of their agents, doctors, nurses, staff,
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`contractors, and employees.
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`12.
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`That at all times hereinafter mentioned, defendants controlled employees, agents,
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`servants, and licensees at The Eddy Heritage House for the purpose of rendering nursing,
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`rehabilitation, medical care, services, and treatment.
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`13.
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`That at all times hereinafter mentioned, defendants supervised employees, agents,
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`servants, and licensees at The Eddy Heritage House for the purpose of rendering nursing,
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`rehabilitation, medical care, services, and treatment.
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`14.
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`That at all times hereinafter mentioned, defendants represented that they were
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`competent and skilled to perform and render all the nursing, rehabilitation, medical care, services,
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`treatment, and advice that plaintiff required.
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`15.
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`From on or about the first date of admission to the last date of admission (upon
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`information and belief from on or about December 17, 2019 through December 31 , 2019), plaintiff
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`was admitted to The Eddy Heritage House for care and treatment, and defendants agreed and
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`undertook to care for and treat plaintiff during such time period.
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`16.
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`On or about the above dates, plaintiff was admitted to The Eddy Heritage House
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`and underwent nursing, rehabilitative, medical care and treatment by defendants employees,
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`agents, servants, and licensees.
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`17.
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`That plaintiff was admitted as a patient to defendants' facility for nursmg,
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`rehabilitative, medical care and treatment, and at the time of admittance, defendants undertook and
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`agreed to provide plaintiff with all necessary and proper care for plaintiffs physical, health, and
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`medical needs.
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`4 of 10
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`18.
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`Upon information and belief, that at all times relevant, defendants represented to
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`the general public, including the plaintiff, that they employed competent and skilled personnel,
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`qualified to provide appropriate and necessary care for plaintiffs physical, health, and medical
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`needs and otherwise attend to and treat patients in accord with their medical and physical condition.
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`19.
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`That at all times relevant, defendants, in accepting plaintiff as a patient, agreed to
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`provide her with proper care, treatment, and management.
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`20.
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`That at all times relevant, plaintiff clearly manifested by demonstrable physical and
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`mental dysfunction that she was incapable of adequately providing for her own health and personal
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`care needs.
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`AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS
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`21.
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`Plaintiff repeats, reiterates and realleges each and every allegation contained in the
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`Complaint herein, all with the same force and effect as though set forth fully at this point.
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`22.
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`During the aforementioned time and at the aforementioned place, while under the
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`care of the defendants, the defendants' employees, agents, servants, and licensees, in violation of
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`defendants' duty to exercise reasonable care towards plaintiff, failed to properly assess plaintiffs
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`required care, treatment, and management.
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`23.
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`During the aforementioned time and at the aforementioned place, while under the
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`care of the defendants, the defendants' employees, agents, servants, and licensees, in violation of
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`defendants' duty to exercise reasonable care towards plaintiff, failed to develop and implement
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`appropriate care, treatment, and management plans that plaintiff required.
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`24.
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`During the aforementioned time and at the aforementioned place, while under the
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`care of the defendants, the defendants' employees, agents, servants, and licensees, in violation of
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`defendants' duty to exercise reasonable care towards plaintiff, left her unattended, unrestrained,
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`5 of 10
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`and unsupervised resulting in plaintiff falling on multiple occasions, including but not limited to,
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`on or about December 27, 2019 and December 30, 2019.
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`25.
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`In rendering medical, nursing, and rehabilitation care, treatment, and services to
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`plaintiff, defendants owed her a duty of possessing and exercising that degree of learning,
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`knowledge, skill, care and diligence which was ordinarily possessed at that time by nursing homes,
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`rehabilitation facilities, and/or skilled health care facilities, and their employees, agents, servants,
`
`and licensees, in the community, state and/or nation.
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`26.
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`Following the aforementioned falls, defendants, in violation of their duty to
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`exercise reasonable care towards plaintiff, failed to discover, diagnose, and determine plaintiff's
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`resulting injuries.
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`27.
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`Following the aforementioned falls , defendants, in violation of their duty to
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`exercise reasonable care towards plaintiff, failed to adequately examine, treat, and care for plaintiff
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`and her resulting injuries.
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`28.
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`The above medical, nursing, and rehabilitation care, treatment and services
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`rendered to plaintiff by the defendants, its agents, servants, licensees and/or employees, were
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`rendered carelessly, unskillfully, negligently, and not in accordance with accepted standards of
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`care, practice, treatment, and services.
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`29.
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`30.
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`That no negligence on the part of plaintiff contributed to the occurrence or injuries.
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`As a result of the negligence and carelessness of the defendants at the
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`aforementioned time and place, plaintiff was caused to suffer severe disabling injuries and
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`consciously suffered pain, without any contributory negligence on the part of the plaintiff.
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`31.
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`By reason of the foregoing, plaintiff was caused to suffer and sustain severe and
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`permanent serious personal injuries, severe and serious pain and suffering and mental anguish, and
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`6 of 10
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`has been injured and damaged in a sum which exceeds the jurisdictional limits of all lower courts
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`which would otherwise of jurisdiction over this matter.
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`32.
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`As a result of the negligence of the defendants, plaintiff has been damaged in an
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`amount in excess of the monetary jurisdiction of all lower courts that would otherwise have
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`jurisdiction of this action.
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`33.
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`That defendants' conducted involved recklessness, willful malfeasance, and
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`neglect.
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`34.
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`By reason of the above, plaintiff sustained great pain, agony, injury, suffering,
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`disability, and hospitalization, as well as mental anguish and emotional distress.
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`35.
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`As a consequence thereof, plaintiff is entitled to punitive damages.
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`3 6.
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`This cause of action falls within one or more of the exceptions set forth in Article
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`16 of the CPLR.
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`AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANTS
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`37.
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`Plaintiff repeats, reiterates and realleges each and every allegation contained in the
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`Complaint herein, all with the same force and effect as though set forth fully at this point.
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`38.
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`During the aforementioned time and at the aforementioned place, while under the
`
`care of the defendants, the defendants' employees, agents, servants, and licensees, in violation of
`
`defendants' duty to exercise reasonable care towards plaintiff, failed to properly assess plaintiff's
`
`required care, treatment, and management.
`
`39.
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`During the aforementioned time and at the aforementioned place, while under the
`
`care of the defendants, the defendants' employees, agents, servants, and licensees, in violation of
`
`defendants' duty to exercise reasonable care towards plaintiff, failed to develop and implement
`
`appropriate care, treatment, and management plans that plaintiff required.
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`7 of 10
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`40.
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`During the aforementioned time and at the aforementioned place, while under the
`
`care of the defendants, the defendants' employees, agents, servants, and licensees, in violation of
`
`defendants' duty to exercise reasonable care towards plaintiff, left her unattended, unrestrained,
`
`and unsupervised resulting in plaintiff falling on multiple occasions, including but not limited to
`
`on or about December 27, 2019 and December 30, 2019.
`
`41.
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`Following the aforementioned falls, defendants, m violation of their duty to
`
`exercise reasonable care towards plaintiff, failed to discover, diagnose, and determine plaintiff's
`
`resulting injuries.
`
`42.
`
`Following the aforementioned falls, defendants, in violation of their duty to
`
`exercise reasonable care towards plaintiff, failed to adequately examine, treat, and care for plaintiff
`
`and her resulting injuries.
`
`43.
`
`In rendering medical, nursing, and rehabilitation care, treatment, and services to
`
`plaintiff, defendants owed her a duty of possessing and exercising that degree of learning,
`
`knowledge, skill, care and diligence which was ordinarily possessed at that time by nursing homes,
`
`rehabilitation facilities, and/or skilled health care facilities, and their employees, agents, servants,
`
`and licensees, in the community, state and/or nation.
`
`44.
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`Upon information and belief, during the course of the plaintiff's care, defendants
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`neglected the accepted standards and procedures which were called for in their treatment and care
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`of plaintiff, thereby failing to exercise due, ordinary and reasonable learning, knowledge, skill,
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`care and diligence ordinarily possessed and exercised by nursing homes, rehabilitation facilities,
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`and/or skilled nursing facilities, and their employees, agents, servants, and licensees, in the
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`community, state and/or nation.
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`8 of 10
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`45.
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`The above medical, nursmg, and rehabilitation care, treatment and services
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`rendered to plaintiff by the defendants, its agents, servants, licensees and/or employees, was
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`negligently, recklessly, improperly, and carelessly performed and was rendered in a manner which
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`departed from good and accepted medical practice then and there prevailing and constituted
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`medical malpractice.
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`46.
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`As a result of the negligence and medical malpractice of the defendants, plaintiff
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`suffered severe, permanent injuries and consciously suffered pain.
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`4 7.
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`By reason of the foregoing, defendants are liable for such damages to plaintiff for
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`medical malpractice in an amount in excess of the monetary jurisdiction of all lower courts that
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`would otherwise have jurisdiction of this action.
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`48.
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`49.
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`That defendants' conduct involved recklessness, willful malfeasance, and neglect.
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`By reason of the above, plaintiff sustained great pain, agony, injury, suffering,
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`disability, and hospitalization, as well as mental anguish and emotional distress.
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`50.
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`51.
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`As a consequence thereof, plaintiff is entitled to punitive damages.
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`This cause of action falls within one or more of the exceptions set forth in Article
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`16 of the CPLR.
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`WHEREFORE, plaintiff demands judgment against each of the defendants as follows:
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`a.
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`On the First Cause of Action, for monetary damages, in an amount having a
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`present value that exceeds the jurisdictional limits of all lower courts, that a jury finds to be fair,
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`adequate and just, as well as punitive damages; and
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`b.
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`On the Second Cause of Action, for monetary damages, in an amount having a
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`present value that exceeds the jurisdictional limits of all lower courts, that a jury finds to be fair,
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`adequate and just, as well as punitive damages;
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`FILED: ALBANY COUNTY CLERK 07/21/2021 01:24 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 906230-21
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`RECEIVED NYSCEF: 07/21/2021
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`c.
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`Together with the costs and disbursements of this action and for such other and
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`further relief as to this Court seems just and proper.
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`DATED: July 21, 2021
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`By:
`
`:t&te:;;;_...~--r,r~---
`
`Matthew J. Dillon, Esq.
`MARTIN, HARDING AND MAZZOTTI, LLP
`Attorneys for Plaintiff
`1 Wall Street
`Post Office Box 15141
`Albany, New York 12212-5141
`(518) 862-1200
`
`10 of 10
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