Summary Judgement Secured

On March 4, 2026, a motion for summary judgment by Matthew Messina was granted by the Hon. Charles M. Troia, Supreme Court, Richmond County. 

This case involved claims of emotional distress arising from the stillbirth of an infant. The labor and delivery was managed by a private physician, but plaintiffs attempted to keep the Hospital in the case by claiming the nurses and residents’ duty to the plaintiff mother included advising her that a cesarean section was her best option. 

We were able to persuade the Court that the existence of a duty is a question of law for the Court to decide, not an issue for plaintiff’s expert. Further, we asserted that plaintiffs are attempting to impose a theory in which nurses and residents effectively supervise attending physicians, a framework that is inconsistent with both the realities of medical practice and the established case law governing the liability of nurses and residents. 

The Court rejected both of plaintiffs theory, adopting our reasoning and granted our motion to dismiss the case. Congratulations to Matthew Messina on this successful result!