SCRANTON – A Lackawanna County judge has authorized withdrawal of preliminary objections from a man accused of a violent assault towards one of his colleagues, a licensed practical nurse who brought litigation against him and other officials from her employer’s company.
Stephanie Cipriano of Scranton first filed suit in the Lackawanna County Court of Common Pleas on Jan. 25 versus Saber Healthcare Group, LLC of Beachwood, Ohio, plus Dunmore Healthcare Group, Inc. (doing business as “Dunmore Health Care Center”), Jacquelyn Wellicka, Karen Hildebrant, Hedwig Swales and John Morelli, all of Dunmore.
“At all times relevant to this complaint, plaintiff was employed as a Licensed Practical Nurse by Medical Staffing Network, which contracted to provide staffing services with defendant Group and/or defendant Saber at the Center. The sole place at which the Network staffed plaintiff was the Center. Plaintiff regularly worked overtime at the Center, making approximately $55,000 over the course of the past six months. On Jan. 26, 2020, plaintiff was working at the Center through her employment with the Network,” the suit said.
“On that day, defendant Morelli approached plaintiff in the hallway of the second floor of the Center, at which time he struck plaintiff in her breast, causing her injury. After plaintiff turned to remove herself from the situation, defendant Morelli punched plaintiff in the back, causing her injury. This was the third occasion on which defendant Morelli assaulted an employee or agent of defendant Group and/or defendant Saber at the Center.”
The suit added that within the month prior to defendant Morelli’s assault upon the plaintiff, he also allegedly assaulted Michelle Wilson, a Certified Nursing Assistant working for the Group and/or Saber at the Center, grabbing her hair and forcefully pulling her head back.
Furthermore, the suit said that within the year prior to the assaults on the plaintiff and Wilson, defendant Morelli physically assaulted and punched another CNA working for the Group and/or Saber at the Center at a time in which that CNA was visibly pregnant, and that both of these prior assaults were timely reported to the Center’s Administration.
“Defendant Morelli’s assaults and other bad behavior at the Center were known to, ratified by, tolerated by, and allowed to continue by the Center and the Center’s Administration because defendant Morelli’s mother, Margaret Morelli, was a patient at the Center and defendant Morelli paid privately for her care, rather than through insurance. Supervisors to whom these assaults were reported include, but are not limited to, defendants Wellicka, Hildebrant and Swales; all of these defendants knew of defendant Morelli’s violent propensities at the Center. None of these supervisors took any action to protect patients or staff from defendant Morelli following any of his assaults, and they permitted him to continue to frequent the Center without restriction,” the suit stated.
“These supervisors’ failure to take action specifically provided defendant Morelli the opportunity to assault plaintiff, caused the attack upon plaintiff, and caused defendant Morelli to believe he could freely assault workers at the Center without fear of consequences. Shortly following defendant Morelli’s attack on plaintiff, the individual defendants and defendant Group and/or defendant Saber stopped requesting plaintiff through the Network, causing her to suffer lost wages. Plaintiff also had a pre-existing spinal condition which was exacerbated by defendant Morelli’s attack and had to be prescribed pain medication following the assault.”
Several of the defendants filed a lone preliminary objection to the complaint on Feb. 14, wanting all requests for punitive damages stricken from the complaint – for the reason of the plaintiff not illustrating outrageous conduct committed with “evil motive or reckless indifference to the rights of others.”
“Plaintiff’s complaint demands punitive damages for purportedly allowing defendant Morelli to be in the facility when, plaintiff claims, objecting defendants knew of supposed prior altercations involving defendant Morelli at the Facility and despite these prior incidents, continued to allow him to visit his loved one. Even if there were prior altercations as pled by plaintiff involving defendant Morelli, the complaint is noticeably silent about what occurred by and between plaintiff and Morelli that led to this alleged assault,” according to the objection.
“Further, there are no allegations that objecting defendants knew or should have known that defendant Morelli may assault plaintiff, other than a claim that objecting defendants knew of two prior assaults involving different individuals. The allegations as pled in the complaint simply do not support a claim that objecting defendants acted outrageously, with an evil motive or with a reckless indifference to the rights of plaintiff. As such, plaintiff’s claim for punitive damages should be stricken.”
On Feb. 25, counsel for Morelli filed preliminary objections to the complaint, also seeking to strike all demands for punitive damages – arguing that in Pennsylvania, punitive damages “must not be awarded merely because a tort was committed, but rather, because there must be additional evidence that demonstrates the defendant committed willful, malicious, wanton, reckless or oppressive conduct.”
“In the case at bar, plaintiff describes the actions of defendant as a ‘strike’ and/or a ‘punch’ and merely asserts ‘injury.’ The complaint is devoid of any allegation that defendant acted intentionally with a motive to harm the plaintiff. Plaintiff’s failure to allege facts in the complaint must establish the severity of the injury, the motive of defendant and/or the ill will of defendant at the time he contacted plaintiff results in the claim for punitive damages being dismissed and defendant’s preliminary objection being sustained,” per the objections.
“In this case, the plaintiff failed to allege facts that would result in an award of punitive damages even if taken as true. Punitive damages may be awarded for conduct that is outrageous, because of the defendant’s evil motive or their reckless indifference to the rights of others. Punitive damages must be based on conduct that is malicious, wanton, reckless, willful or oppressive. Further, one must look to the act itself together with all the circumstances, including the motive of the wrongdoers and the relations between the parties. The state of mind of the actor is vital. The act, or the failure to act, must be intentional, reckless or malicious.”
According to Morelli’s counsel, the complaint “lacks any allegations or claims that defendant’s behavior was ‘malicious’, ‘wanton’, ‘reckless’, ‘willful’ or ‘oppressive’, or that the defendant knew or had reason to know that his actions created a high risk of physical harm to the plaintiff.”
On March 10, the plaintiff responded to the defendants’ preliminary objections.
“These are conclusions of law to which no response was required. To the extent a response is required, it is denied. Strict proof is demanded at the time of trial. The complaint clearly alleges that Morelli knew and should have known that defendant would assault plaintiff due to Morelli’s prior assaults of workers at Dunmore Healthcare Center. Plaintiff respectfully requests that defendants’ preliminary objections to plaintiff’s complaint be overruled,” the plaintiff’s response said.
UPDATE
Lackawanna County Court of Common Pleas Judge Julia K. Munley ordered on May 10 that Morelli’s preliminary objections would be marked withdrawn and that he would be required to file an answer to the complaint within 30 days of the date of the order.
“Oral argument on defendants’ Saber Healthcare Group, LLC, Dunmore Healthcare Group (doing business as “Dunmore Healthcare Center”), Jacquelyn Wellicka, Karen Hildebrant and Hedwig Swales’s preliminary objections to plaintiff’s complaint remains scheduled for June 23, 2022 at 1:30 p.m. and will be conducted using Zoom. The briefing deadlines set forth in the April 14, 2022 correspondence from Lackawanna County Court Administration remain in full force and effect,” Munley further ruled.
For counts of negligence, respondeat superior liability, agency, assault and battery, the plaintiff is seeking compensatory damages, including but not limited to, physical pain and suffering, emotional pain and suffering, embarrassment and humiliation, lost wages and punitive damages in excess of the jurisdictional limits.
The plaintiff is represented by Curt M. Parkins of Comerford Law, in Scranton.
The defendants are represented by William J. Mundy and Sean P. O’Mahoney of Burns White in West Conshohocken, plus Christopher P. Caputo of Caputo & Mariotti Law Offices, in Moosic.
Lackawanna County Court of Common Pleas case 2022-CV-00339
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com