`NYSCEF DOC. NO. 2
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`INDEX NO. 2022-50309
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`RECEIVED NYSCEF: 01/31/2022
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`-against-
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`Plaintiff,
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`Defendant.
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`Index No.
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`COMPLAINT
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF DUTCHESS
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`JOSEPH DENES,
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`TWEE T. DO, M.D.
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`Plaintiff, Joseph Denes, by his attorneys, Dennis Kenny Law, as and for his Complaint,
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`alleges as follows:
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`1.
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`At all times mentioned herein, plaintiff Joseph Denes was and is a resident of
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`the county of Dutchess and state of New York.
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`2.
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`At all times mentioned herein, defendant Twee T. Do, M.D. is an Orthopedic
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`Surgeon and with office located in the county of Dutchess and state of New York.
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`3.
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`On September 21, 2021 plaintiff Joseph Denes appeared for an independent
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`medical examination to be conducted by defendant Twee T. Do, M.D. on behalf of a worker’s
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`compensation carrier concerning a November 1, 2014 injury sustained to his left shoulder on
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`November 1, 2014.
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`4.
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`During the course of plaintiff’s examination, Dr. Do did forcibly manipulate
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`plaintiff’s left arm and forced the arm behind and in back of the head causing plaintiff to immediately
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`suffer two (2) sharp excruciating pains, which injuries have left plaintiff with permanent damage to his
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`left shoulder.
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`1 of 3
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`FILED: DUTCHESS COUNTY CLERK 01/31/2022 12:12 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 2022-50309
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`RECEIVED NYSCEF: 01/31/2022
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`5.
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`As a result of defendant’s excessive force and battery, plaintiff sustained a new
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`tear of the biceps tendon and a full thickness tear at repair site of plaintiff’s June 4, 2021 left shoulder
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`rotator cuff revision surgery, which now requires a second revision surgery.
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`6.
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`The accident and events described herein resulted in serious permanent injuries
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`to plaintiff and incurred without any negligence on the part of plaintiff contributing thereto.
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`FIRST CAUSE OF ACTION
`(Negligence)
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`7.
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`Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1
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`through 6 above as if more fully set forth herein.
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`8.
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`Defendant Twee T. Do, M.D. negligently, recklessly and carelessly caused
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`injury to plaintiff.
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`9.
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`As a direct and proximate result of defendant’s negligence, plaintiff was caused
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`to suffer injuries to his mind and body.
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`10.
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`By reason of the foregoing, plaintiff has been obligated for diverse sums of
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`money for medical care and for property damage and will continue to incur such expenses into the
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`future.
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`11.
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`By reason of the foregoing, plaintiff Joseph Denes sustained a limitation of
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`activities, depression, loss of quality of life, and will continue to suffer and sustain such losses into the
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`future.
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`12.
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`This action falls within one or more of the exceptions of the CPLR § 1601 as set
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`forth in CPLR § 1602.
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`13.
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`By reason of the foregoing, plaintiff has been damaged in an amount to be
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`determined by a jury but in excess of the jurisdictional limits of this Court.
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`2
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`2 of 3
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`FILED: DUTCHESS COUNTY CLERK 01/31/2022 12:12 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 2022-50309
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`RECEIVED NYSCEF: 01/31/2022
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`SECOND CAUSE OF ACTION
`(Battery)
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`14.
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`Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1
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`through 6 above as if more fully set forth herein.
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`15.
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`At all times mentioned herein, defendant Twee T. Do, M.D. during the course of
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`plaintiff’s examination did forcibly take plaintiff’s arm and forced the arm behind and in back of the
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`head and forced the arm behind the arm causing plaintiff to sustain two (2) sharp pains which has left
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`him with permanent damage to his left shoulder.
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`16.
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`Plaintiff did not consent to defendant’s use of extreme force and defendant
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`battered plaintiff causing him to suffer serious physical harm.
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`17.
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`Defendant Twee T. Do, M.D. is liable for his battery on plaintiff in an amount to
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`be determined by a jury but in excess of the jurisdictional limits of this Court.
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`WHEREFORE, plaintiff demands judgment against defendant as follows:
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`(a)
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`(b)
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`(c)
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`On the First Cause of Action in favor of the plaintiff for a sum to be determined by
`a jury;
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`On the Second Cause of Action in favor of the plaintiff for a sum to be determined
`by a jury; and
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`all of the foregoing with such interest, costs and disbursements as are appropriate to
`the action.
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`Dated: Goshen, New York
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`January 31, 2022
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`TO: TWEE T. DO, M.D.
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`389 Hooker Avenue, Suite #3
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`Poughkeepsie, NY 12603
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`DENNIS KENNY LAW
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`By:
`s/ Evan M. Foulke
`Evan M. Foulke, Esq.
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`Attorneys for Plaintiff
`55 Main Street
`Goshen, NY 10924
`845-294-4308
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`3
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`3 of 3
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