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Furman Kornfeld & Brennan LLP's Jennifer Yaseen Gutterman won summary judgment in Bronx Supreme Court for Montefiore Medical Center in a negligence claim seeking monetary damages for extreme emotional distress suffered by an individual trapped in a malfunctioning elevator between floors at a hospital parking facility.
Justice Kenneth Thompson of Bronx Supreme Court validated the defense's arguments that emotional distress cannot be claimed absent physical injury unless the defendant exhibited extreme and outrageous negligent conduct. Finding such evidence completely lacking, the action was dismissed prior to trial.
For further information, please contact Ms. Gutterman at JGutterman@fkblaw.com or (212) 867-4100.
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