Defense Verdict for Robert Castillo

Congratulations to Robert Castillo on his recent defense verdict in Westchester County, in a case involving allegedly negligent discharge from the emergency room. The plaintiff alleged that she presented to the ER with complaints of back pain. After being provided pain medications for same, it was alleged that plaintiff asked to delay her discharge as she felt unsafe to drive, and as such was refusing to leave the ER. It was alleged that plaintiff was then improperly and forcibly removed by the security staff causing a rotator cuff tear and superior labral tear in her shoulder. However, at trial, Rob successfully demonstrated that the security staff acted properly as they did not use any physical force on plaintiff. They appropriately provided plaintiff an opportunity to wait in the waiting area, but that plaintiff continued to be aggressive and disruptive, which then required a call to police to have them escort plaintiff off the premises. Furthermore, it was proven that plaintiff’s injuries were as a result of wear and tear rather than trauma, which is consistent with the fact that defendant did not use any physical force to remove plaintiff from the hospital. After a short deliberation, the jury found a unanimous verdict in favor of the defendant.  Rob was assisted by associate Michael LaPinta and one of our Summer Associates Stephanie LaPlante, from St. John’s University School of Law.