SCRANTON – A state court judge has overruled preliminary objections from health care defendants in the case of a licensed practical nurse, who was allegedly assaulted at work by a man with a supposed history of violent behavior towards his colleagues.
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.”
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.”
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.”
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.
After the objections were marked as rescinded, Morelli answered the complaint on May 19 and denied any wrongdoing.
“It is specifically denied that answering defendant committed any act, intentionally or otherwise, that could be alleged to constitute an attack or assault. Strict proof to the contrary is demanded at trial,” the answer stated, in part.
UPDATE
The healthcare defendants had also filed preliminary objections in the action on Feb. 14, seeking to dismiss the plaintiff’s claims for punitive damages and strike allegations of reckless, knowing, intelligent, outrageous, willful and wanton conduct.
In a June 21 response brief, the plaintiff countered that she sufficiently pled a claim for punitive damages, and that the defense’s motion should be denied.
“Here, the healthcare defendants conflate the common meaning of the term ‘outrageous’ with the legal meaning and the standard for obtaining punitive damages. The complaint clearly alleges that the healthcare defendants knew that Morelli was a risk to employees by virtue of being told about his previous attacks on employees. Therefore, the complaint sufficiently alleges a subjective appreciation of the risk Morelli posed to their employees,” the brief stated, in part.
“Second, the complaint clearly alleges that the Center failed to remove Morelli from the facility and allowed him to continue to return. Therefore, the complaint sufficiently alleges a failure to act in disregard of the knowledge of risk. This is more than sufficient at this limited stage to establish reckless conduct. Therefore, the preliminary objections should be denied.”
Munley concurred with the plaintiff in a June 24 ruling.
“Upon consideration of defendants Saber Healthcare Group, LLC, Dunmore Healthcare Group, Jacquelyn Wellicka, Karen Hildebrant and Hedwig Swales’s preliminary objections to plaintiff’s complaint, plaintiff’s response, the parties’ briefs and memoranda of law in support of their respective positions, and after oral argument, it is hereby ordered as follows: 1) Defendants’ preliminary objections are overruled and 2) Defendants shall file an answer to plaintiff’s complaint within 30 days of the date of this order,” Munley said.
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