SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`EDWARD BENITEZ and THOMAS BENITEZ,
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` Plaintiffs,
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` -against-
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`THE ROCKEFELLER UNIVERSITY HOSPITAL
`a/k/a THE ROCKEFELLER UNIVERSITY f/k/a HOSPITAL
`OF THE ROCKEFELLER INSTITUTE,
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` Defendant.
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`-----------------------------------------------------------------X
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`The Above-Named Defendant:
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`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
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`a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
`appearance, on the Plaintiffs’ Attorney(s) within twenty (20) days after the service of this
`summons, exclusive of the day of service (or within thirty (30) days after the service is complete
`if this summons is not personally delivered to you within the State of New York); and in case of
`your failure to appear or answer, judgment will be taken against you by default for the relief
`demanded in the complaint.
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`Dated: New York, New York
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`August 12, 2021
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`Date Index No. Purchased:
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`Index No.:
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`Plaintiffs designate New York
`County as the place of trial.
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`The basis of venue is
`Defendant’s place of business.
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`SUMMONS
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`Yours, etc.,
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`__________________________________
`Adam P. Slater, Esq.
`SLATER SLATER SCHULMAN LLP
`Attorneys for Plaintiffs
`488 Madison Avenue, 20th Floor
`New York, New York 10022
`(212) 922-0906
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`FILED: NEW YORK COUNTY CLERK 08/12/2021 12:43 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 951298/2021
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`RECEIVED NYSCEF: 08/12/2021
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`TO:
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`The Rockefeller University Hospital
`a/k/a The Rockefeller University f/k/a
`Hospital of the Rockefeller Institute
`1230 York Avenue
`New York, New York 10065
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`INDEX NO. 951298/2021
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`RECEIVED NYSCEF: 08/12/2021
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------X
`EDWARD BENITEZ and THOMAS BENITEZ,
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` Plaintiffs,
`
`
` -against-
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`THE ROCKEFELLER UNIVERSITY HOSPITAL
`a/k/a THE ROCKEFELLER UNIVERSITY f/k/a THE
`ROCKEFELLER INSTITUTE,
` Defendant.
`-----------------------------------------------------------------X
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`Index No.:
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`VERIFIED COMPLAINT
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`Plaintiffs, by their attorneys Slater Slater Schulman LLP, bring this action against THE
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`ROCKEFELLER UNIVERSITY HOSPITAL a/k/a THE ROCKEFELLER UNIVERSITY f/k/a
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`THE ROCKEFELLER INSTITUTE (“Rockefeller”) and allege, on personal knowledge as to
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`themselves and on information and belief as to all other matters, as follows:
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`INTRODUCTION
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`1.
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`This action is brought pursuant to the Child Victims Act (“CVA”). See CPLR §
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`214-g and 22 NYCRR 202.72; and alleges physical, psychological and emotional injuries and
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`damages suffered as a result of conduct against then infant Plaintiffs constituting one or more
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`sexual offenses as defined in Article 130 of the New York Penal Laws.
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`2.
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`At the time of the conduct alleged herein, Plaintiffs were infants, as defined by the
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`State of New York as a person under 17-years of age, when they were sexually assaulted by
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`Reginald Archibald, former professor and senior physician at Rockefeller.
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`JURISDICTION AND VENUE
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`3.
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`This Court has personal jurisdiction over Rockefeller pursuant to CPLR §§ 301 and
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`302, in that Rockefeller resides in New York, or conducts, or at relevant times, conducted activities
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`in New York that give rise to the claims asserted herein.
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`4.
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`Upon information and belief, Rockefeller is a New York not-for-profit education
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`corporation with its principal place of business in New York, New York.
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`5.
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`This Court has jurisdiction over this action because the amount of damages
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`Plaintiffs seek exceeds the jurisdictional limits of all lower courts which would otherwise have
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`jurisdiction.
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`6.
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`Venue for this action is proper in the County of New York pursuant to CPLR § 503
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`because Rockefeller is a resident of the County of New York; or, alternatively, because a
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`substantial part of the events or omissions giving rise to each Plaintiffs’ claim occurred in the
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`County of New York.
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`PRELIMINARY STATEMENT
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`7.
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`At all times relevant herein, Rockefeller was and is a research hospital licensed by
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`the New York State Department of Health.
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`8.
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`Upon information and belief, at all relevant times, Rockefeller employed Reginal
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`Archibald as a professor and physician.
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`9.
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`This action seeks to vindicate the rights of Plaintiffs, who were sexually exploited,
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`abused, harassed and molested at the hands of serial sexual predator, Reginald Archibald, while
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`they were patients at Rockefeller.
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`10.
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`Rockefeller, a world-renowned medical research institution, knew and should have
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`known for decades that one of its leading doctors, Reginald Archibald, was serially sexually
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`abusing minor patients under the guise of “child growth research”.
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`11.
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`Rockefeller conceded in a recently released investigatory report that Reginald
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`Archibald, while purportedly offering patients cutting edge medical care and treatment, engaged
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`in a “pervasive” and “widespread pattern of misconduct and sexually abused many children at the
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`Hospital....”. The Report on the Investigation of Reginald Archibald (May 23, 2019) (“Report”),
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`is attached hereto as Exhibit A.
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`12.
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`Rockefeller also admitted that by 1974, it was aware of numerous patient
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`complaints against Reginald Archibald including a 1960–1961 grand jury investigation of which
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`Rockefeller’s President was notified, and several additional complaints from 1960 through 1974
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`to Rockefeller’s Physician-in-Chief by patients, patients’ family members, and staff about
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`Archibald’s exploitative and unnecessary examinations of children’s genitals and other sexual
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`misconduct. Report, pp. 12-13, 19. In addition, Rockefeller had information -- while Reginald
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`Archibald was still practicing at their hospital and medical clinics -- which indicated that Reginald
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`Archibald “may have been engaged in misconduct and inappropriate and unnecessarily intrusive
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`examinations of at least some of his patients.” Report, p. 26. Further, defendant Rockefeller failed
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`to comply with required Institutional Review Board policies and procedures.
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`13.
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`Despite these repeated complaints and other warning signs, Rockefeller knowingly
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`and recklessly discounted and disregarded the abuse, concealed the abuse, and chose to place its
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`own reputation, status, and wealth over the safety and well-being of the children under defendant
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`Rockefeller’s custody, care, and control.
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`14.
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`In doing so, Rockefeller enabled Reginald Archibald to have unfettered,
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`unsupervised access to children, failed to warn children or their parents, and exposed the Plaintiffs
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`to an unreasonable risk of danger.
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`15.
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`The then infant Plaintiffs in this lawsuit were sexually abused because of the
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`wrongful conduct of both defendant Rockefeller and Reginald Archibald.
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`PARTIES
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`16.
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`Plaintiff Edward Benitez is an individual residing in Bronx, New York. Plaintiff
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`Edward Benitez was an infant at the time of the sexual abuse stated herein.
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`17.
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`In approximately 1965 to 1968, when Plaintiff Edward Benitez was a minor,
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`Plaintiff Edward Benitez was sexually assaulted and abused by Dr. Archibald on the premises of
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`Rockefeller and/or premises affiliated, owned, operated, maintained, and/or controlled by
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`Rockefeller. Dr. Archibald’s sexual assault of Plaintiff Edward Benitez included, but was not
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`limited to, inappropriately fondling Plaintiff Edward Benitez’s genitals without medical and
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`research justification and/or taking nude photographs of Plaintiff Edward Benitez without medical
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`and research justification and/or masturbating Plaintiff Edward Benitez or forcing Plaintiff Edward
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`Benitez to masturbate without medical and research justification and/or having Plaintiff Edward
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`Benitez sit on Dr. Archibald’s lap while Plaintiff Edward Benitez was nude.
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`18.
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`Plaintiff Thomas Benitez is an individual residing in Bronx, New York. Plaintiff
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`Edward Benitez was an infant at the time of the sexual abuse stated herein.
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`19.
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`In approximately 1965 to 1968, when Plaintiff Thomas Benitez was a minor,
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`Plaintiff Thomas Benitez was sexually assaulted and abused by Dr. Archibald on the premises of
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`Rockefeller and/or premises affiliated, owned, operated, maintained, and/or controlled by
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`Rockefeller. Dr. Archibald’s sexual assault of Plaintiff Thomas Benitez included, but was not
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`limited to, inappropriately fondling Plaintiff Thomas Benitez’s genitals without medical and
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`research justification and/or taking nude photographs of Plaintiff Thomas Benitez without medical
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`and research justification and/or masturbating Plaintiff Thomas Benitez or forcing Plaintiff
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`Thomas Benitez to masturbate without medical and research justification and/or having Plaintiff
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`Thomas Benitez sit on Dr. Archibald’s lap while Plaintiff Thomas Benitez was nude.
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`STATEMENT OF FACTS
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`From 1940 until 1982, Reginald Archibald was a former professor and senior
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`20.
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`physician of Rockefeller. Reginald Archibald studied childhood grown and sexual maturity. He
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`also attended to pediatric patients at Rockefeller who sought medical consult for growth issues.
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`21.
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`Upon information and belief, Reginald Archibald examined approximately 9,000
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`children at Rockefeller.
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`22. When Archibald retired, Rockefeller bestowed on him the honor of “Physician
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`Emeritus” and continued his hospital privileges.
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`23.
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`As Rockefeller recently admitted, Reginald Archibald spent much of his time at
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`Rockefeller not conducting any purported childhood growth research, or providing legitimate
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`medical treatment, but instead grossly, extensively, and repeatedly sexually abusing the infant
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`patients entrusted to his care. See Report, pp. 1-2, 26.
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`24. While at Rockefeller, often behind locked doors, Reginald Archibald sexually
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`abused thousands of children.
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`25.
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`Reginald Archibald instructed infant patients to undress, insisted that they remain
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`naked throughout the “examinations,” fondled them, played with, pulled and measured their
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`genitals, (flaccid and erect), masturbated them, asked them to masturbate themselves while he
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`watched, took semen samples from them, instructed them to perform sex acts, placed some of them
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`on his lap, engaged in sex acts with many of them, and otherwise sexually assaulted and abused
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`his child patients.
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`26.
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`Reginald Archibald also spent lengthy periods of time taking naked photos of
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`almost all of his infant patients over many years for no legitimate medical reason.
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`27.
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`Using Rockefeller’s equipment, Reginald Archibald took sexually explicit images
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`of both male and female patients. It is believed that defendant Rockefeller may currently be in
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`possession of some of Plaintiffs’ nude photographs.
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`28.
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`Upon information and belief, employees of Rockefeller knew that Reginald
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`Archibald was taking pictures of naked children, and yet did nothing to stop him.
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`KNOWLEDGE AND CONCEALMENT OF ACTS OF SEXUAL ABUSE
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`29.
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`At all relevant times, Reginald Archibald was an employee, agent, representative
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`and/or servant of Rockefeller.
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`30.
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`At all relevant times, Rockefeller supervised and controlled Reginald Archibald’s
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`conduct.
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`31.
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`At all relevant times, Rockefeller enabled Reginald Archibald’s serial sexual abuse
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`of infant patients.
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`32.
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`At all relevant times, all the physicians, nurses, and other personnel involved in the
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`diagnosis, care, and treatment of Plaintiffs were employees, agents, representatives and/or servants
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`of defendant Rockefeller.
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`33.
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`34.
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`At all relevant times, Reginald Archibald was a sexual predator.
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`Reginald Archibald sexually exploited and abused minor patients on the premises
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`of Rockefeller, including Plaintiffs herein.
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`35.
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`At all relevant times, Rockefeller, through its employees, agents, representatives
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`and/or servants, knew or should have known that Archibald was sexually inappropriate with its
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`infant patients.
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`36. Medical personnel, including nurses, administrators, and supervisors of Rockefeller
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`knew or should have known that Archibald was sexually assaulting patients on its premises.
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`37. Medical personnel, including nurses, administrators, and supervisors of Rockefeller
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`facilitated Reginald Archibald in the sexual assaults he was committing on the premises of
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`Rockefeller.
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`38.
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`Defendant Rockefeller, by and
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`through
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`its medical personnel, nurses,
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`administrators, and supervisors, were mandated reporters at the time when Reginald Archibald
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`committed his sexual exploitation and abuse of underaged patients upon their premises.
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`39.
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`The failure of Rockefeller’s medical personnel, including its nurses, administrators,
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`supervisors and other agents, servants, and/or employees, to report, and/or stop, Reginald
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`Archibald’s sexual exploitation and abuse of children upon its premises was an act of negligence.
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`40.
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`The failure of Rockefeller’s medical personnel, including its nurses, administrators,
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`supervisors and other employees, agents, representatives and/or servants, to properly supervise
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`Reginald Archibald and stop the sexual exploitation and abuse of children upon its premises was
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`an act of negligence.
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`41.
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`The failure of Rockefeller’s medical personnel, including its nurses, administrators,
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`supervisors and other agents, servants, and/or employees, to terminate Reginald Archibald for
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`sexually exploiting and abusing children upon their premises was an act of negligence.
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`42.
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`Rockefeller failed to take action or levy penalties against Rockefeller for the sexual
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`assaults he committed on its premises.
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`43.
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`Rockefeller created an environment which caused medical personnel, including
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`nurses and administrators, to not report the sexual assaults being committed by Reginald Archibald
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`for fear of reprisals.
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`44.
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`Rockefeller failed to undertake a meaningful investigation to ascertain the facts and
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`circumstances that allowed the sexual assaults to be committed by Rockefeller upon its premises.
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`45.
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`Rockefeller, its employees, agents, representatives and/or servants, failed to
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`monitor and supervise the actions of Reginald Archibald, which enabled the sexual assaults to take
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`place.
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`46.
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`Rockefeller, through its employees, agents, representatives and/or servants, were
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`complicit in the actions of Reginald Archibald, which enabled the sexual assaults to take place.
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`47.
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`Rockefeller, through its employees, agents, representatives and/or servants, failed
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`to act upon information and facts that Reginald Archibald was sexually assaulting patients on its
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`premises.
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`48.
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`49.
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`Rockefeller failed to take any disciplinary action against Reginald Archibald.
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`Rockefeller failed to take any disciplinary action against any of the nurses and
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`administrators who enabled Reginald Archibald to sexually assault patients on its premises.
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`50.
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`Rockefeller, through its employees, agents, representatives and/or servants,
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`observed Reginald Archibald sexually assaulting patients.
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`51.
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`Rockefeller, its employees, agents, representatives and/or servants, were informed
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`and/or were aware of sexual assaults being committed by Reginald Archibald and failed to protect
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`patients from further sexual assaults and sexual abuse.
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`52.
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`Rockefeller, its employees, agents, representatives and/or servants, knew, or should
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`have known, of sexual assaults being committed by Reginald Archibald and failed to protect
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`patients from further sexual assaults and/or sexual abuse.
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`53.
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`Rockefeller, its employees, agents, representatives and/or servants, had a legal,
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`professional and/or ethical duty, responsibility, and obligation to report all suspicions of sexual
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`assaults by doctors or other medical personnel to Rockefeller’s administration and criminal
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`authorities.
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`54.
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`Rockefeller, its employees, agents, representatives and/or servants, failed to report
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`all suspicions of sexual assaults by doctors or other medical personnel to Rockefeller’s
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`administration and criminal authorities.
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`55.
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`Rockefeller, its employees, agents, representatives and/or servants, reported
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`suspicions of sexual assaults by Archibald to Rockefeller’s administration.
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`56.
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`Rockefeller never took any disciplinary action against Reginald Archibald for
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`having sexually assaulted his patients, despite having notice thereof.
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`57.
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`At all relevant times, Reginald Archibald was acting in the course and scope of his
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`authority, agency, service, and/or employment for Rockefeller.
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`58.
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`In or about 1960, two former patients of Reginald Archibald complained to the New
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`York District Attorney about Reginald Archibald’s misconduct at Rockefeller. Report, pp. 12-13.
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`59.
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`In response to these complaints, a grand jury issued a subpoena to Rockefeller for
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`the medical records of those two patients and then presented the matter to the grand jury. Report,
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`pp. 12-13.
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`60.
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`Although an indictment was apparently not returned, Rockefeller’s then-President
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`was familiar with the serious allegations and the criminal investigation. Report, pp. 12-13.
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`61.
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`Upon information and belief, despite Rockefeller’s senior management’s
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`knowledge of these serious allegations, Rockefeller took inadequate action to investigate Reginald
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`Archibald’s activities and failed to put in place any measures to protect its infant patients.
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`62.
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`From 1960 to 1974, Rockefeller’s Physician-in-Chief received several complaints
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`from patients, family members, and staff about Archibald’s examination of their infant patient’s
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`genitals. Report, p. 13.
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`63.
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`That Physician-in-Chief viewed Reginald Archibald’s taking genital measurements
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`as a “questionable” medical practice. Report, p. 13.
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`64.
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`Reginald Archibald, when confronted with these allegations, “became difficult”
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`and “less communicative.” Report, p. 13.
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`65.
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`Upon information and belief, despite the numerous complaints to Rockefeller’s
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`Physician-in-Chief, and Reginald Archibald’s evasive responses to questioning, Rockefeller took
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`little or no action to investigate Reginald Archibald’s activities and failed to put in place measures
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`to protect its child patients.
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`66.
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`During the decades of Reginald Archibald’s employment at Rockefeller, there were
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`“warning signs” and “information available [to Rockefeller] and [Rockefeller’s] management” that
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`“suggest[ed] that Archibald may have been engaged in misconduct and inappropriate and
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`unnecessarily intrusive examinations of at least some of his patients.” Report, p. 26.
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`67.
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`Upon information and belief, Rockefeller disregarded these warning signs and
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`information, taking little or no action to investigate Reginald Archibald’s activities and failed to
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`put in place measures to protect its young, vulnerable child patients.
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`68.
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`If Rockefeller’s former patients -- or their parents -- had been informed of any of
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`the complaints against Reginald Archibald at any time before 2007 when Archibald died, they
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`would have at least had an opportunity to confront their abuser in law and in fact.
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`69.
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`By concealing Reginald Archibald’s abuse and delaying a full accounting,
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`Rockefeller benefitted as evidence grew stale and victims died. See Report, pp. 2, 4, 14, 16 n.18.
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`70.
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`Upon information and belief, at no time did Rockefeller notify the U.S. Attorney's
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`Office for the Southern District of New York regarding the production, and perhaps distribution,
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`of child pornography by Reginald Archibald on its premises.
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`NATURE OF CONDUCT ALLEGED
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`71.
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`This action alleges physical, psychological, and emotional injuries suffered as a
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`result of conduct that would constitute a sexual offense on a minor as defined in Article 130 of the
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`New York Penal Law, including without limitation, conduct constituting rape (consisting of sexual
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`intercourse) ( N.Y. Penal Law §§ 130.25 - 130.35); criminal sexual act (consisting of oral or anal
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`sexual conduct) (N.Y. Penal Law §§ 130.40 - 130.53), and/or sexual abuse (consisting of sexual
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`contact) (N.Y. Penal Law §§ 130.55 - 130.77).
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`FIRST CAUSE OF ACTION: NEGLIGENCE
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`72.
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`Plaintiffs repeat and reallege by reference each and every allegation set forth above
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`as if fully set forth herein.
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`73.
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`Rockefeller knew or was negligent in not knowing that Reginald Archibald posed
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`a threat of sexual abuse to children.
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`74.
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`The acts of Reginald Archibald described hereinabove were undertaken, and/or
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`enabled by, and/or during the course, and/or within the scope of his employment, appointment,
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`and/or agency with Rockefeller.
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`75.
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`Rockefeller owed Plaintiffs a duty to protect Plaintiffs from Reginald Archibald’s
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`sexual deviancy, both prior to and/or subsequent to Reginald Archibald’s misconduct.
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`76.
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`Rockefeller’s willful, wanton, grossly negligent and/or negligent act(s) of
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`commission and/or omission, resulted directly and/or proximately in the damages set forth herein
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`at length.
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`77.
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`At all times material hereto, with regard to the allegations contained herein,
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`Reginald Archibald was under the direct supervision, employ and/or control of Rockefeller.
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`FILED: NEW YORK COUNTY CLERK 08/12/2021 12:43 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 951298/2021
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`RECEIVED NYSCEF: 08/12/2021
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`78.
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`At all times material hereto, Rockefeller’s actions were careless, negligent, willful,
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`wanton, malicious, reckless, and outrageous in its disregard for the rights and safety of Plaintiffs.
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`79.
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`As a direct and/or indirect result of said conduct, Plaintiffs have suffered the
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`injuries and damages described herein.
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`80.
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`By reason of the foregoing, Defendant is liable to Plaintiffs for compensatory
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`damages, and for punitive damages, together with interest and costs.
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`SECOND CAUSE OF ACTION:
`NEGLIGENT HIRING, RETENTION,
`SUPERVISION, AND/OR DIRECTION
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`81.
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`Plaintiffs repeat and reallege by reference each and every allegation set forth above
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`
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`as if fully set forth herein.
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`82.
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`83.
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`Rockefeller hired Reginald Archibald.
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`Rockefeller hired Reginald Archibald for a position that required him to work
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`closely with young boys and girls.
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`84.
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`Rockefeller was negligent in hiring Reginald Archibald because it knew or should
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`have known, through the exercise of reasonable care of Reginald Archibald’s propensity to
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`develop inappropriate relationships with his infant patients and to engage in sexual behavior and
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`lewd and lascivious conduct with such children.
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`85.
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`Reginald Archibald would not and could not have been in a position to sexually
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`abuse Plaintiffs had he not been hired by Rockefeller.
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`86.
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`87.
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`Reginald Archibald continued to molest Plaintiffs while at Rockefeller.
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`The harm complained of herein was foreseeable.
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`12
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`FILED: NEW YORK COUNTY CLERK 08/12/2021 12:43 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 951298/2021
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`RECEIVED NYSCEF: 08/12/2021
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`88.
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`Plaintiffs would not have suffered the foreseeable harm complained of herein but
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`for the negligence of Rockefeller in having placed Archibald, and/or allowed Reginald Archibald
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`to remain in his position.
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`89.
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`At all times while Reginald Archibald was employed or appointed by Rockefeller,
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`he was supervised by Rockefeller and/or its agents and employees.
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`90.
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`At all times while Archibald was employed or appointed by Rockefeller, he was
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`under the direction of, and/or answerable to, Rockefeller and/or its agents and employees.
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`91.
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`Rockefeller was negligent in its direction and/or supervision of Reginald Archibald
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`in that it knew or should have known, through the exercise of ordinary care that Reginald
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`Archibald’s conduct would subject third parties to an unreasonable risk of harm, including
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`Reginald Archibald’s propensity to develop inappropriate relationships with children under his
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`care and to engage in sexual behavior and lewd and lascivious conduct with such children.
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`92.
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`93.
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`Rockefeller failed to take steps to prevent such conduct from occurring.
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`Rockefeller was negligent in its retention of Reginald Archibald in that that it knew,
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`or should have known, of his propensity to develop inappropriate relationships with children under
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`his care and to engage in sexual behavior and lewd and lascivious conduct with such children.
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`94.
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`Rockefeller retained Reginald Archibald in his position and thus left him in a
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`position to continue such behavior.
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`95.
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`Rockefeller was further negligent in its retention, supervision, and/or direction of
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`Reginald Archibald in that Archibald sexually molested Plaintiffs on the premises of Rockefeller.
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`96.
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`Rockefeller failed to take reasonable steps to prevent such events from occurring
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`on its premises.
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`13
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`FILED: NEW YORK COUNTY CLERK 08/12/2021 12:43 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 951298/2021
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`RECEIVED NYSCEF: 08/12/2021
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`97.
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`Reginald Archibald would not and could not have been in a position to sexually
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`abuse Plaintiffs had he not been negligently retained, supervised, and/or directed by Rockefeller.
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`98.
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`By reason of the foregoing, Defendant is liable to Plaintiffs for compensatory
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`damages, and for punitive damages, together with interest and costs.
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`THIRD CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY
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`99.
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`Plaintiffs repeat and reallege by reference each and every allegation set forth above
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`as if fully set forth herein.
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`100. Through the position to which Reginald Archibald was assigned by Rockefeller,
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`Reginald Archibald was placed in direct contact with Plaintiffs.
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`101.
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`It was under these circumstances that Plaintiffs were entrusted to the care of
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`Rockefeller and, under its authority, came to be under the direction, control and dominance of,
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`Reginald Archibald.
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`102. As a result, Reginald Archibald used his position of power and authority to sexually
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`exploit, groom, abuse and harass Plaintiffs, and countless other infant patients of Rockefeller.
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`103. There existed a fiduciary relationship of trust, confidence, and reliance between
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`Plaintiffs and Rockefeller.
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`104. Pursuant to its fiduciary relationship, Rockefeller was entrusted with the well-
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`being, care, and safety of the infant Plaintiffs.
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`105. Pursuant to its fiduciary relationship, Rockefeller assumed a duty to act in the best
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`interests of Plaintiffs.
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`106. Rockefeller breached its fiduciary duties to Plaintiffs.
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`14
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`FILED: NEW YORK COUNTY CLERK 08/12/2021 12:43 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 951298/2021
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`RECEIVED NYSCEF: 08/12/2021
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`107. At all times material hereto, Rockefeller’s actions and/or inactions were willful,
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`wanton, malicious, reckless, and/or outrageous in its disregard for the rights and safety of
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`Plaintiffs.
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`108. As a direct result of said conduct, Plaintiffs have suffered, and continues to suffer,
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`the injuries and damages described herein.
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`109. By reason of the foregoing, Defendant is liable to Plaintiffs for compensatory and
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`punitive damages, together with interest and costs.
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`FOURTH CAUSE OF ACTION: BREACH OF NON-DELEGABLE DUTY
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`110. Plaintiffs repeat and reallege by reference each and every allegation set forth above
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`as if fully set forth herein.
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`111. Plaintiffs, when minors, were placed in the care of Rockefeller for the purposes of,
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`inter alia, providing the infant Plaintiffs with a safe environment to receive medical treatment.
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`112. As a result, there existed a non-delegable duty of trust between Plaintiffs and
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`Rockefeller.
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`113. Plaintiffs were vulnerable children when placed within the care of Rockefeller.
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`114. Consequently, Rockefeller was in the best position to prevent Plaintiffs’ abuse, and
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`to learn of Reginald Archibald’s repeated sexual abuse of Plaintiffs and stop it.
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`115. By virtue of the fact that Plaintiffs were sexually abused as minor patients entrusted
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`to the care of Rockefeller, Rockefeller breached its non-delegable duty to Plaintiffs.
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`116. At all times material hereto, Reginald Archibald was under the direct supervision,
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`employ and/or control of Rockefeller.
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`117. As a direct result of said conduct, Plaintiffs have suffered the injuries and damages
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`described herein.
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`15
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`FILED: NEW YORK COUNTY CLERK 08/12/2021 12:43 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 951298/2021
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`RECEIVED NYSCEF: 08/12/2021
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`118. By reason of the foregoing, Defendant is liable to Plaintiffs for compensatory and
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`punitive damages, together with interest and costs.
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`FIFTH CAUSE OF ACTION: BREACH OF DUTY IN LOCO PARENTIS
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`119. Plaintiffs repeat and reallege by reference each and every allegation set forth above
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`as if fully set forth herein.
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`120. Plaintiffs were minors when their parents and/or guardians entrusted them to the
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`control of Rockefeller for the purpose of, inter alia, providing Plaintiffs with safe and accepted
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`medical treatment.
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`121. Rockefeller owed a duty to adequately supervise its doctors and medical staff to
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`prevent foreseeable injuries.
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`122. As a result, Rockefeller owed a duty to Plaintiffs in loco parentis.
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`123. Rockefeller breached its duty in loco parentis.
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`124. At all times material hereto, Rockefeller’s actions were willful, wanton, malicious,
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`reckless, negligent, grossly negligent and/or outrageous in its disregard for the rights and safety of
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`Plaintiffs.
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`125. As a direct result of Rockefeller’s conduct, Plaintiffs have suffered the injuries and
`
`damages described herein.
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`126. By reason of the foregoing, Defendant is liable to Plaintiffs for compensatory and
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`punitive damages, together with interest and costs.
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`SIXTH CAUSE OF ACTION: INTENTIONAL INFLICTION
`OF EMOTIONAL DISTRESS
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`127. Plaintiffs repeat and reallege by reference each and every allegation set forth above
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`as if fully set forth herein.
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`16
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`FILED: NEW YORK COUNTY CLERK 08/12/2021 12:43 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 951298/2021
`
`RECEIVED NYSCEF: 08/12/2021
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`128. Defendant Rockefeller employed Reginald Archibald as Plaintiffs’ medical doctor
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`during the time Reginald Archibald molested Plaintiffs.
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`129. During the time of molestation, Reginald Archibald knew he would cause, or
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`disregarded the substantial probability that he would cause, severe emotional distress to the infant
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`Plaintiffs.
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`130.
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`It was part of Reginald Archibald’s scheme, as Plaintiffs’ medical doctor, to gain
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`Plaintiffs’ trust. Reginald Archibald used and exploited that position of trust, and the
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`representations made by Rockefeller about his character which accompanied that position, to gain
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`Plaintiffs' trust and confidence and to create opportunities to violate and sexually exploit the infant
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`Plaintiffs.
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`131. Rockefeller knew and/or disregarded the substantial probabi