936 F. Supp. 2d 288
S.D.N.Y.2013Background
- Plaintiff Maria La Russo sues as attorney-in-fact for De Lucia against St. George's University School of Medicine for medical malpractice, breach of contract, and negligence.
- Action removed from state court by SGU Ltd. as owner/operator of the non-juridical defendant, St. George's University School of Medicine.
- De Lucia attended St. George’s Grenada starting August 2007; he was allegedly promised on-site medical facilities and 24/7 health services in pre-enrollment materials.
- In May 2009, after a trip, De Lucia experienced a psychiatric crisis and was involuntarily admitted to Mount Gay Hospital in Grenada; his parents were not contacted for consent or status updates.
- De Lucia returned to the U.S. and to Grenada for future coursework, but his mental health deteriorated, leading to further treatment and eventual return to the U.S. without completing the degree.
- Plaintiff seeks to join SGU Ltd., SGU LLC, USS LLC, and Dr. Stanley, but the court addresses removal and statute-of-limitations grounds as dispositive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper removal by SGU Ltd. | SGU Ltd. lacked status to remove; non-parties cannot remove. | SGU Ltd. removed as owner/operator of the non-juridical defendant; proper under case law when wrong party identified. | SGU Ltd. properly removed. |
| Timeliness of the malpractice claim under CPLR 208 tolling | Insanity tolling should apply; De Lucia was incapacitated during relevant period. | Insanity toll requires extreme, continuous incapacity; allegations fall short. | Insanity toll does not apply; malpractice claim untimely. |
| Duplicative nature of contract and negligence claims | Breach of contract and negligence provide independent bases. | Claims merely reformulate malpractice; time-barred and duplicative. | Contract and negligence claims duplicative and barred by limitations. |
| Forum non conveniens | New York forum appropriate due to residency and contract origins. | Grenada is adequate alternative forum; most evidence and witnesses located there. | Forum non conveniens dismissal warranted. |
Key Cases Cited
- McCarthy v. Volkswagen of Am., 55 N.Y.2d 543 (N.Y. 1982) (insanity toll requires extreme, continuous incapacity)
- de los Santos v. Fingerson, 1998 WL 740851 (S.D.N.Y. 1998) (insanity toll requires continuous disability; not met here)
- Swartz v. Berkshire Life Ins. Co., 2000 WL 1448627 (S.D.N.Y. 2000) (extreme cognitive loss can support tolling; facts here insufficient)
- Keitt v. City of NY, 2010 WL 3466175 (S.D.N.Y. 2010) (requires very high level of incapacity for insanity toll)
- Pacio v. Franklin Hosp., 63 A.D.3d 1130 (N.Y. App. Div. 2d Dept. 2009) (reformulation of malpractice claims still barred by limitations)
- Ware v. Wyndham Worldwide Inc., 2010 WL 2545168 (D.N.J. 2010) (removal proper when named defendant is non-existent and proper party on notice)
- Hillberry v. Wal-Mart Stores East, L.P., 2005 WL 1862087 (W.D. Ky. 2005) (removal by intended defendant on notice of wrong party)
- Diffley v. Allied-Signal, Inc., 921 F.2d 421 (2d Cir. 1990) (state law limitations govern timeliness in diversity cases)