GLRR Awarded Summary Judgment in Favor of Home Health Care Agency

In an action alleging intentional tort and negligent hiring, training, and supervision, Gallardo Levin Reiter & Rogers was awarded summary judgment dismissing all claims against its client, a prominent New York City based home health care agency. Plaintiffs alleged that a co-defendant home health aide, who was employed by Gallardo Levin Reiter & Rogers‘ client, had physically and verbally abused the infant-plaintiff. The Court agreed with Gallardo Levin Reiter & Rogers‘ arguments with respect to vicarious liability and found that that the aide’s conduct was unforeseeable and outside the scope of her employment. Moreover, in addressing the negligent hiring, training, and supervision claim, Gallardo Levin Reiter & Rogers established there was no evidence that its client knew or should have known of the aide’s propensity for the conduct which allegedly caused the injuries. The case was handled by Gallardo Levin Reiter & Rogers Partner, Michele Levin, and Christopher Rogers, Of Counsel to the Firm.