Slentz v. Cortland Reg'l Med. Ctr., 2020-34868

• Court: United States State Supreme Court (New York)
• Writing for the Court: HON. MARK G. MASLER SUPREME COURT JUSTICE.
• Parties: DEBORAH SLENTZ, Plaintiff, v. CORTLAND REGIONAL MEDICAL CENTER, Defendant. RJI No. 2018-0794-C
• Docket Number: 2020-34868,Index EF18-006
• Decision Date: 07 July 2020

DEBORAH SLENTZ, Plaintiff,
v.
CORTLAND REGIONAL MEDICAL CENTER, Defendant.

RJI No. 2018-0794-C

No. 2020-34868

Index No. EF18-006

Supreme Court, Cortland County

July 7, 2020

Unpublished Opinion

IZZO LAW OFFICE, LLC By: Janet M. Izzo, Esq. Attorneys for Plaintiff Deborah Slentz.

JULES ZACHER, P.C., By: Jules Zacher, Esq., Attorney for the Plaintiff Dehor a h Slentz.

HANCOCK ESTABROOK, LLP, By: Christina M. Verone Juliano, Esq., Attorneys for Defendant Cayuga Regional Medical Center.

PRESENT: HON. MARK G. MASLER Justice Presiding.

DECISION AND ORDER

1

HON. MARK G. MASLER SUPREME COURT JUSTICE.

Plaintiff commenced this action on January 3, 2018 asserting a cause of action for negligence and seeking to recover compensatory and punitive damages for injuries she allegedly sustained as a result of contracting Legionnaires' disease while upon property owned by defendant Cortland Regional Medical Center (CRMC) located at 134 Homer Avenue in Cortland, New York. It is undisputed that plaintiff was employed by CRMC, and defendant now moves, pursuant to CPLR 3211 (a) (7), to dismiss the complaint in its entirety for failure to state a cause of action on the basis that plaintiff failed to plead the unavailability of workers' compensation benefits. In opposition, plaintiff asserts that she was injured outside of the scope of her employment and implicitly contends that she was, therefore, not required to plead the unavailability of workers' compensation benefits.

In her complaint plaintiff alleges that she entered the defendant's employ in May of 2015, that she consumed water while at work and walked near the cooling towers at CRMC on numerous occasions prior to June 27, 2015, when she began to experience symptoms consistent with Legionnaires' disease, and that she has not worked since June 26, 2015 due to injuries she sustained as a result of her illness. The complaint alleges that defendant breached a duty of care owed to patients and visitors to ensure that the premises were safe for use by members of the public. Plaintiff now argues that she contracted the disease solely from exposure that occurred outside of the scope of her employment when, as a member of the public, she drove to and from work and walked near the premises during breaks from work and while running personal errands. Notably, however, in the complaint and the bill of particulars, she acknowledged that she was employed by defendant and that she was exposed to...