New York Court of Appeals

N. X., Appellant v. Cabrini Medical Center, Respondent, Defendant

February 14, 200297 N.Y.2d 247

Summary

The New York Court of Appeals reinstated the plaintiff's direct negligence claim against the hospital nurses, finding that factual issues exist as to whether they should have acted to protect the patient, and affirmed that the hospital is not vicariously liable for the resident's sexual assault because the conduct was outside the scope of employment.