Lynch Schwab client, the St. Cabrini Home, a residential care facility in Ulster County New York, was sued by the Commissioner of Social Services in relation to an incident where a resident had ran from the non-secure facility into oncoming night traffic.  It was claimed that St. Cabrini Home was negligent in its supervision of the plaintiff and that they failed to act when she absconded.

The Court found that the record established St. Cabrini had no “forewarning” that the plaintiff would run from her small cabin, walk along the highway at nighttime and then “throw herself in front of a moving vehicle.”  To the contrary, discovery established that employees of the facility had acted quickly to stop the plaintiff from absconding, but that she then suddenly threw herself if front of an oncoming car at nighttime despite staff attempts to prevent the incident from occurring.

Torres v. St. Cabrini Home, et. al., (Supreme Court, Ulster County)
Basch & Keegan, LLP for the plaintiff

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