FILED: SUFFOLK COUNTY CLERK

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EXHIBIT

C

FILED: SUFFOLK COUNTY CLERK 04/03/2014

INDEX NO. 032260/2012

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK

---~---)( RAYMOND AMENDOLA and ANNE AMENDOLA,

Plaintiff(s),

-against-BROOKHAVEN HEALTH CARE FACILITY, LLC and THE MCGUIRE GROUP,

Defendant(s).

---X

VERIFIED BILL OF PARTICULARS

Index No.: 032260/2012

Plaintiff(s ), by their attorneys, GRUENBERG KELLY DELLA, responding to the demands of Defendant, BROOKHAVEN HEALTH CARE FACILITY, LLC and THE MCGUIRE GROUP, for a Verified Bill of Particulars, allege(s), upon information and belief: 1. Plaintiff, RAYMOND AMENDOLA, resides at 336 Lockwood Drive, Shirley, NY

11967.

2. Plaintiff RAYMOND AMENDOLA's social security number is 115-18-6362. 3. Plaintiff, RAYMOND AMENDOLA, was born on April 12, 1927.

4. The occurrence complained of took place on February 10, 2010 at or about 10:30 a.m. 5. The occurrence complained of took place in the BROOKHAVEN HEAL TH CARE

FACILITY located at 801 Gazzola Drive, East Patchogue, NY.

6. The Defendant(s), their agents, servants and/or employees were negligent, careless and reckless, jointly and severally, in causing, permitting and allowing the Plaintiff to be severely injured while under their care, thereby breaching a duty to properly supervise and protect the Plaintiff so as to prevent serious injuries; in failing and neglecting to maintain proper decorum while administering physical therapy to the plaintiff in order to prevent serious injury to the Plaintiff herein; in failing and neglecting to provide adequate

staffing, to maintain order and safety while administering physical therapy to the plaintiff; in failing and neglecting to properly train the medical staff; in failing and neglecting to

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maintain the subject physical therapy room so as to prevent serious injury to all patients and particularly to the Plaintiff herein; in failing and neglecting to adequately train the hospital staff; in failing and neglecting adequately and properly to supervise the existing staff; in failing and neglecting to properly screen prospective employees, with regard to temperament and skills, so as to avoid potentially dangerous situations like the one that is the subject of this lawsuit, resulting in serious injury to the Plaintiff herein; in failing to maintain the stationary stairs be used by the plaintiff at the time of his accident; in failing to ensure that the plaintiff was properly secured in the stationary stairs at the time of his accident; in failing to use the safety belt and other safety devises of the stationery stairs; in failing to properly use the safety belt and other safety devises of the stationery stairs; in failing to super vise the plaintiff during his use of the stationary stairs; in failing to

properly supervise the plaintiff' use of the stationary stairs; and in failing and neglecting to take all necessary steps to prevent injury to patients in said hospital, particularly the Plaintiff herein. Defendant(s) violated the applicable rules, laws, regulations, and statutes in such cases made and provided and of which the Court will take judicial notice at the trial hereof.

7. Objected to as an interrogatory and an improper demand for a Bill of Particulars. 8. Objected to as an interrogatory and an improper demand for a Bill of Particulars.

Without waiving said objection see paragraph 6.

9. Plaintiff alleges defendant had actual notice of the subject hazard in that the defendant caused and created the hazard. Plaintiff also alleges defendant had actual notice of the hazard in that defendant knew of the hazard prior to the occurrence but failed to remedy the same. Plaintiff is presently not in possession of the identity of actual notice witnesses but reserves the right to supplement and/or amend said response in comport with the CPLR. Plaintiff alleges defendant had constructive notice of the subject hazard in that the defendant knew or should have known of the subject hazard. Plaintiff is presently not

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in possession of the identity of constructive notice witnesses but reserves the right to supplement and/or amend said response in comport with the CPLR.

10. See paragraph 9. 11. See paragraph 9.

12. As

a

result of the occurrence, Plaintiff, RAYMOND AMENDOLA, sustained the following personal injuries, all of which are alleged to be of a permanent nature; a) Underwent revision of femoral stem on the right hip and open reduction and

internal fixation;

b) Right Vancouver B periprosthetic hip fracture; c) Fractured Right Femur;

d) Loss

of range

of

motion to right

leg;

e) Pain, weakness, tingling and numbness to right leg; f) Difficulty ambulating due to pain and discomfort.

All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including: fracture, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the specific portions of the body mentioned

hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity and

disability; stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, anxiety and mental anguish; all of which have substantially prevented the Plaintiff from enjoying the normal fruits of social activities.

The Plaintiff reserves the right to prove any and all further consequences and any an all further medical expenses up to and at the time of trial.

Upon information and belief, all of the above injuries are permanent and continuing in nature, except for objective signs of contusions and abrasions.

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All of the injuries and conditions caused and/or contributed to the Plaintiff living a lesser quality of life, including loss of enjoyment oflife than the Plaintiff would otherwise have experienced, but for the injuries and conditions alleged herein.

The Plaintiff suffered, still suffers, and upon information and belief will continue to suffer pain, discomfort and limited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues.

13. Objected to as vague, over broad and unduly burdensome as

will

as containing portions that are improper demands fro a Bill of Particulars. Without waiving said objections listed below are the names and addresses of the physicians who currently and/or previously treated or examined plaintiff, RAYMOND AMENDOLA:

Brookhaven Memorial Hospital Medical Center, Inc. 101 Hospital Road

Patchogue, NY 11772

New York Presbyterian Hospital 525 East 68th Street

New York, NY 10065 John

J.

Foley's Rehab Center 14 Glover Drive

Yaphank, NY 11980 BAB Radiology

1500 William Floyd Parkway Shirley, NY 11967

Afzal M. Butt, MD 912 Roanoke Ave Riverhead, NY 11901 Gregory DeFelice, MD 525 East 681h Street, Starr 2 New York, NY 10021 Musarrac Iqbal, MD

1500 William Floyd Parkway Suite 302

Shirley, NY 11967

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Joseph Lane MD 535 East

70

1

~

Street New York, NY 10021

Peconic Bay Home Health Agency 1300 Roanoke Avenue

Riverhead, NY 11901

Brookhaven Health Care Facility 801 Gazzola Drive East Patchogue, NY 11772 Anjani K. Sinha, MD 285 Sills Road Suite 2D Patchogue, NY 11 772 Spagnoli Physical Therapy 113 3 Montauk Highway Mastic, NY 11950 Authorizations attached.

14. Plaintiff, RAYMOND AMENDOLA, was confined to bed for three (3) weeks and confined to home for thirty (30) days following the accident. Plaintiff, RAYMOND AMENDOLA, was confmed to the hospital for ninety (90) days as a result of the occurrence.

15. Plaintiff is not making a claim for lost wages as plaintiff was not employed at the time of the accident.

16. Plaintiff, RAYMOND AMENDOLA, has incurred the following special damages: Physicians' Services: Medical Supplies: Lost Earnings: X-Ray Services: Hospital Expenses: Nursing Services: Other Expenses: $150,000.00 and continuing. Inclusive with physicians' services. None.

Inclusive with physicians' services. $132,505.42 and continuing. Inclusive with physicians' services. To be provided.

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17. The Court will take judicial notice of such rules, regulations, statutes and ordinances that the defendant may have violated and demand for statutes, regulations, ordinances and rules is an improper demand for a bill of particulars in that plaintiff( s) in their complaint did not allege violations of statutes, regulations, ordinances and/or rules and therefore are not required to particularize such. Liga v. Long Island Rail Road, 129 A.D.2d 566, 514 N.Y.S.2d 61 (2nd Dept 1987);

See paragraph 17.

22

Objection as.plaintiff has not asserted a claim under Public Health Law 2801-d.

PLEASE TAKE NOTICE that Plaintiff(s) reserve(s) the right to serve further, supplemental

and/or amended Bills of Particular up to the time of trial.

Dated:

Ronkonkoma, New

York

November 29, 2012

Yours, etc.

~ ~

JOHN AVILES

Gruenberg Kelly Della 700 Koehler A venue

Ronkonkoma, NY 11779

63 l -73 7-4110

TO: Catalano, Gallardo

&

Petropoulos, LLP

Attorneys

for

Defendant(s)

BROOKHAVEN HEALlH CARE FACIIJTY,

BROOKIL~.VEN

HEALTH CARE

FACll.JTY, LLC AND THE MCGUIRE GROUP

100 Jericho Quadrangle, Suite 326

Jericho, NY 11753

(516) 931-1800

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STATE OF NEW YOm< COUNTY OF SUJi'J?OLJ<

INDIVIDUAL VERIFlCATlON

....

SS.:

:J?o~mmd

f.\roena\o

~0----

being duly sworn deposes and says: I am the plaintiff(s) herein:

J

have read the annexed

13\ \\

o{

Pav11Lu

la rs

and know the comen1s thereof and the same are true to my knowledge. except for those matters therein which

are

sratcd 10 be alleged on information and belief. and as to !hose

mauers. l

believe

them to be true.

Sworn LO befor~e this

2R

day of

N ·

em\xr2on

MELISS.:~~io· .::; .. ~/ooo

Notary Public $ ' ;;<IC " N»,\/ Yori< Registration !Jt• 1 h0 :.1 _.a431

Qualified In Suffolk County .., Commissio•' E:<plros Ocl')b··11 1 '.'O

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