Zotta v. Hill-Rom, Inc. et al

Filing 1

NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, County of Kings, case number 20695/11. ( Filing fee $ 350) Disclosure Statement on Civil Cover Sheet completed -yes, (Attachments: # 1 Civil Cover Sheet) (Siegfried, Evan)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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MARGARET ZOTTA,
Plaintiff,
,against,
HILL,ROM, INC., HILL-ROM HOLDINGS, INC.
HILL-ROM SERVICES, INC. and
HILL-ROM COMPANY, INC.,
Defendants.
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i NOTICE OF REMOVAL TO
; UNITED STATES DISTRICT
i COURT FROM NEW YORK STATE
i SUPREME COURT, KINGS
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; COUNTY, INDEX NO. ~0695711.:._· , · . '
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THE HONORABLE JUDGES OF THE UNITED STATES DISTRfCT COURT,
EASTERN DISTRICT OF NEW YORK,

Pursuant to 28 U.S.C. §§ 1332, 1441 and 1446, Defendants, HILL-ROM, INC., HILLROM HOLDINGS, INC., HILL-ROM SERVICES, INC. and HILL-ROM COMPANY, INC., by
and through their undersigned counsel, give notice of removal of this action to the United States
District Court for the Eastern District of New York and, in support thereof, state as follows:
I.

Upon information and belief, plaintiff MARGARET ZOTTA filed a Verified

Complaint against defendants in the Supreme Court of the State of New York, County of Kings,
Index No. 20695/11 (the "State Court Action") on September 14, 2011. Plaintiff seeks relief for
alleged injuries arising from an accident involving a hospital bed. See copy of Summons and
Verified Complaint attached hereto as Exhibit A.

Pursuant to 28 U.S.C. § 1446(a), these

documents constitute all of the process, pleadings, and orders that have been served upon
defendants in this matter.
2.

This Court has original jurisdiction under 28 U.S.C. § 1332 (Diversity

Jurisdiction) as follows:

1622957

.,

(a)

Plaintiff MARGARET ZOTTA is a citizen of the State of New York ,

residing at 477 Vandervoort Avenue, Brooklyn, New York 11222. See Summons.
(b)

Defendant HILL-ROM, INC. is an Indiana corporation with its principal

place of business in Indiana. HILL-ROM, INC. is not and has not been a citizen of the
State of New York.
(c)

Defendant HILL-ROM HOLDINGS, INC. is an Indiana corporation with

its principal place of business in Indiana. HILL-ROM HOLDINGS, INC. is not and has
not been a citizen of the State of New York.
(d)

Defendant HILL-ROM SERVICES, INC. is an Indiana corporation with

its principal place of business in Indiana. HILL-ROM SERVICES, INC. is not and has
not been a citizen of the State of New York.
(e)

Defendant HILL-ROM COMPANY, INC. is an Indiana corporation with

its principal place of business in Indiana. HILL-ROM COMPANY, INC. is not and has
not been a citizen of the State of New York.
(f)

Upon information and belief, and based upon a recent communication

with plaintiff's counsel about plaintiff's alleged injuries, plaintiff seeks damages in
excess of $75,000, exclusive of interest and costs.
3.

The United States District Court for the Eastern District of New York is the

Federal District Court having jurisdiction over this matter. The State Court Action was filed in a
venue located within the Eastern District of New York.
4.

The defendants have not yet served an answer, as their time to do so has not yet

expired.

1622957

2

.-'
5.

This Notice of Removal is timely as the 30-day time period set forth in 28 U.S.C.

§ 1446(b) has not yet begun to run.
6.

Pursuant to 28 U.S.C. § 1446(d), promptly after the filing of this Notice of

Removal, a true and correct copy of same will be filed with the Clerk of the New York State
Supreme Court, Kings County and served upon plaintiff's counsel.
WHEREFORE, based on the foregoing, defendants give notice of removal of the State

Court Action to the United States District Court for the Eastern District of New York, and
request that all further proceedings be held in this Court.
Dated: New York, New York
October 17, 2011

H. Abr son (JH-9 62)
561h Street, Suite 803
N York, NY 10019
Telephone: [phone]
Facsimile: 212-957-3983
E-mail: [e-mail]
Attorneys for Defendants,
HILL-ROM, INC., HILL-ROM HOLDINGS, INC.,
HILL-ROM SERVICES, INC. and
HILL-ROM COMPANY, INC.
Of counsel to Porzio, Bromberg & Newman, P.C.
for defendants, Hill-Rom Company, Inc., Hill-Rom Holdings, Inc.,
Hill-Rom Services, Inc. and Hill-Rom Company, Inc.:
Christopher R. Cashen, Esq.
Dinsmore & Shohl LLP
Lexington Financial Center
250 West Main Street, Suite 1400
Lexington, KY 40507
Telephone: [phone]
Facsimile: 859-425-1099
E-mail: [e-mail]

1622957

3

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To: John Dalli, Esq.
Dalli & Marino, LLP
Attorneys for Plaintiff
231 Mineola Boulevard
Mineola, NY 11501
Tel: [phone]

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1622957

4

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

------------------------------------------------------------------------------:X:

MARGARETZOTTA,

Index No.

2 (} 6 9

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Plaintiff(s),
SUMMONS

-againstHILL-ROM, INC., HILL-ROM I!OLDINGS, INC.,
HILL-ROM SERVICES, INC. and
HILL-ROM COMPANY, INC.
Defendant(s).

Datefiled:

SEP 13 2011

------------------------------------------------------------------------------:X:
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiffs' attorneys within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded herein.
Plaintiff designates Kings County as the place of trial.
The basis of venue is Plaintiff's Residence
The relief sought is monetary damages.
PLAINTIFF RESIDES AT: 477 VandervoottAvenue, Brooklyn, NY 11222
DEFENDANT'S ADDRESS: · SEE ATTACHED RIDER
Dated: Mineola, New York
September 8, 2011

· li, Esq.
At d eysfor Plaintiff
Office arid P.O. Address
231 Mineola Boulevard
Miti.eola; Ndw York 11501
Tele!'hone No. [phone]
Jo

Summons Rider
Defendant's addresses:
HILL-ROM, INC.
c/o
Secretary of State
Albany, New York
HILL-ROM HOLDINGS, INC.
c/o
Secretary of State
Albany, New York
HILL-ROM SERVICES, INC.

c/o
Secretary of State
Albany, New York
'

Hill-Rom Company, Inc.

c/o ·
Secretary of State
Albany, New York

'

... ··

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
___ ; _______________________________________________________){
MARGARET ZOTTA,
Plaintiff,
VERIFIED COMPLAIN,T

-againstHILL-ROM, INC., HILL-ROM HOLDINGS, INC.,
HILL-ROM SERVICES, INC. and
HILL-ROM COMPANY, INC.
Defendants

20695//

SfP -l 3 Z011'

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Plaintiff, by her attorneys, Dalli & Marino, LLP as and for a Verified Complaint herein,
respectfully set forth and alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1.

That at all times hereinafter mentioned, the defendant IDLL-ROM, INC. was a domestic

cprporation duly organized and existing under and by virtue of the laws ofthe State ofNew
York.
2.

That at all times hereinafter mentioned, the defendant IDLL-ROM, INC., was a foreign

corporation duly authorized to conduct business in the State of New York.
· 3.

That at.all times hereinafter mentioned, the defendant IDLL-ROM, INC., was a

corporation doing business in the State of New York with a principal place of business located at
1"069 State Road 46E, Batesville, Indiana.
4.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., was a non-

domiciliary.ofthe State of New York, and has transacted business within the State ofNew York.
5.

Timt at all times hereinafter mentioned, the defendant HILL-ROM, INC.,

was.a non-domiciliary of the State ofNew York and has cqmmitted a tmtious act without the
State of New York, causing injury to a person within the State ofNew York and said defendant
solicited business or engaged in any other persistent course of conduct, or derived a substantial
revenue from goods used or services rendered in the State of New York.
6.

That at all times hereinafter mentioned, the defendant IDLL-ROM, INC., was a non-

domiciliary of the State of New York, and has committed a tortious act within the State of New

York, causing injury to a person within the State of New York, and said defendant expects or
should reasonably expect to have consequences in the State of New York. ·
7.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., vias the

manufacturer of a certain hospital bed with bedrails attached to the bed.
8.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., was the

manufacturer of a certain hospital bed with bedrails which was, on the 1Oth day of September,
2010, present upon the premises of Flushing Hospital Medical Center, located at 45-00 Parsons
Blvd, Flushing, New York 1 1355, specifis:ally in patient Room 227, Bed I.
9.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents am!lor employees desigD.ed said hospital bed with bedrails.
10.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants;

agents and/or employees constructed said hospital bed with bedrails.
11.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees produced said hospital bed with bedrails.
12.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees assembled said hospital bed with bedrails.
13.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees tested said hospital bed with bedrails.
14.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees inspected said hospital bed with bedrails.
15.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees distributed said hospital bed with bedrails.

,.

16.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees distJibuted said hospital bed with bedrails to the Flushing Hospital
Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
17.

·That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees sold said hospital bed with bedrails to the Flushing Hospital Medical
Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
18.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees leased said hospital bed with bedrails to the Flushing Hospital Medical
Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.

19.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees delivered said hospital bed with bedrails to the Flushing Hospital
Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
20.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., its servants,

agents and/or employees placed said hospital bed with bedrails into the chains of commerce.
21.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., engaged in the

business of service, repair and/or maintenance of said hospital bed with bedrails.
22.

That at all times hereinafter mentioned, the defendant HILL-ROM, INC., had entered into

an agreement relative to the service, maintenance and/or repair of said hospital bed with bedrails.
23.

That at all times hereinafter mentiOned, the defendant HILL-ROM, INC., had entered into

an agreement with the Flushing Hospital Medical Center, relative to the service, maintenance
and/or repair of said hospital bed with bedrails.
24.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM, INC., its servants, agents and/or employees performed ce1iain
work, labor and/or services relative to said hospital bed with bedrails.
25.

That at all times hereinafter mentioned, and on/or prior to the 101b day of September,

2010, the defendant, HILL-ROM, INC., its servants, agents and/or employees performed certain
work, labor and/or services relative to said hospital bed with bedrails, which was present upon
the premises of said Flushing Hospital Medical Center.
26.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

.··

2010, the defendant, HILL-ROM, INC., its servants, agents and/or employees serviced said
hospital bed with bedrails, which was present upon the premises of said Flushing Hospital
Medical Center.
27.

That at all times hereinafter mentioned, and on/or prior to the I oth day of September,

2010, the defendant, HILL-ROM, INC., its servantS, agents and/or employees repaired said
hospital bed with bedrails, which was present upon the premises of said Flushing Hospital
Medical Center.
28.

That at all times hereinafter mentioned, and on/or prior to the I Oth day of September,

2010, the defendant, HILL-ROM, INC., its servants, agents and/or employees tested said hospital
bed with bedrails, which was present upon the premises of said Flushing Hospital Medical
Center.

29.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM, INC., its servants, agents and/or employees modified said
hospital bed with bedrails, which was present upon the premises of said Flushing Hospital
Medical Center.
30.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM, INC., its servants, agents and/or employees represented that
said hospital bed with bedrails was in reasonably safe, suitable and adequate condition and
repair.
31.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM, INC., its servants, agents and/or employees represented that
said hospital bed with bedrails was properly and adequately operating, functioning and safe for
use as intended.
32.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM, INC., its servants, agents and/or employees represented that
the bedrails of said hospital bed was propeily and adequately operating, functioning and safe for
· use as intended.
33.

That at all times hereinafter mentioned, it was the duty of the defendant, HILL-ROM,

INC., its servants, agents and/or employees to ensure that said hospital bed with bedrails was
properly and adequately servi9ed, repaired, tested, inspected and maintained, free from any
hazards or defects and safe for the purpose intended.
34.

That at all times hereinafter mentioned, it was the duty of the defendant, HILL-ROM,

INC., its servants, agents and/or employees to ensure that said hospital bed with bedrails was
properly and adequately manufactured, designed, constructed, safeguarded, protected, produced,
tested, inspected, distributed and free from any hazards or defects and safe for the purpose
intended.
35.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

Vl'llS.a domestic corporation duly organized and existing under and by virtue of the Jaws of the
State of New York.
36.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

. was a foreign corporation duly authorized to conduct business in the State of New York.
37.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

was a corporation doing business in the State of New York with a principal place of business
located at 1069 State Road 46E, Batesville, Indiana.
38.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, ·me.,

was a non-domiciliary of the State ofNew York, and has transacted business within the State of
New York.
39.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

was a non-domiciliary of the State of New York and has committed a tortious act without the
State of New York, causing injury to a person within the State of New York and said defendant
solicited business or engaged in any other persistent course of conduct, or derived a substantial
revenue from goods used or services rendered in the State ofNew York.
40.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

was a non-domiciliary of the State of New York, and has committed a tortious act within the
State ofJ::!ew York, causing injury to a person within the State of New York, and said defendant
expects or should reasonably expect to have consequences in the State of New York.
41.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

was the manufacturer of a certain hospital bed with bedrails.
42.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

-was the manufacturer of a certain hospital bed with bedrails which was, on the 1Oth day of
September, 2010, present upon the premises of Flushing Hospital Medical Center, located at 4500 Parsons Blvd, Flushing, New York 11355.
43.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees designed said hospital bed with bedrails.
44.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees constructed said hospital bed with bedrails.
45.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its ser:vants, agents and/or employees produced said hospital bed with bedrails.
46.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees assembled said hospital bed with bedrails.
47.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees tested said hospital bed with bedrails.
48.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees inspected said hospital bed with bedrails.
49.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees distributed said hospital bed \vith bedrails.
50.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees distributed said hospital bed with bedrails to the Flushing
Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 113 55.
5 I.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees sold said hospital bed with bedrai1s to the Flushing
Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
52.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees leased said hospital bed with bedrails to the Flushing
Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York I 1355.
53.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees delivered said hospital bed with bedrails to the Flushing
Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
54.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

its servants, agents and/or employees placed said hospital bed with bedrails into the chains of
commerce.
55.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

engaged in the business of service, repair and/or maintenance of said hospital bed with bedrails.
56.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

had entered into an agreement relative to the service, maintenance and/or repair of said hospital
bed with bedrails.
57.

That at all times hereinafter mentioned, the defendant HILL-ROM HOLDINGS, INC.,

had entered into an agreement with the Flushing Hospital .Medical Ce;;ter relative to the service,
maintenance and/or repair of said hospital bed with bedrails.
58.

That at a.ll times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees
performed certain work, labor and/or services relative to said hospital bed with bedrails.
59.

That at all times hereinafter mentioned, and on!or prior to the lOth day of September,

2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees

perfonned certain work, labor and/or services relative to said hospital bed with bedrails, which
was present upon the premises of said Flushing Hospital Medical Center.
60.

That at all times hereinafter mentioned, and on/or prior to the I Oth day of September,

2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees
serviced said hospital bed with bedrails, which was present upon the premises of said Flushing
Hospital Medical Center.
61.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees
repaired said hospital bed with bedrails, which was present upon the premises of said Flushing
Hospital Medical Center.
62.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

'
2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees
tested said hospital bed with bedrails, which was present upon the premises of said Flushing
Hospital Medical Center.
63.

That at all times hereinafter mentioned, and on/or prior to the I Oth day of September,"

2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees
modified said hospital bed with bedrails, which was present upon the premises of said Flushing
Hospital Medical Center.
64.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees
represented that said hospital bed with bedrails was in reasonably safe, suitable and adequate
· condition and repair.
65.

That at all times hereinafter mentioned, and on/or prior to the I Oth day of September,

2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees
represented that said hospital bed with bedrails was properly and adequately operating,
functioning and safe for use as intended.
66.

That at all times hereinafter mentioned, and on/or pdor to the i Oth day of September,

2010, the defendant, HILL-ROM HOLDINGS, INC., its servants, agents and/or employees
represented that the bedrails of said hospital bed were properly and adequately operating,
functioning and safe for use as intended.
67.

That at all times hereinafter mentioned, it was the duty of the defendant,

HILL-ROM HOLDINGS, INC., its servants, agents and/or employees to ensure that said hospital.
bed with bedrails was properly and adequately serviced, repaired, tested, inspected and
maintained, fi:ee from any hazards or defects and safe for the purpose intended.
68.

That at all times hereinafter mentioned, it was the duty of the defendant,

HILL-ROM HOLDINGS, INC., its servants, agents and/or employees to ensure that said hospital
bed with bedrails was properly and adequately manufactured, designed, constructed,
safeguarded, protected, produced, tested, inspected, distributed and free from any hazards or
defects and safe for the purpose intended.
69.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

was ·a domestic corporation duly organized and existing under and by virtue of the laws of the
State ofNew York.
70.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

was a foreign corporation duly authorized to conduct business in the State of New York.
71.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

was a corporation doing business in the State of New York with a 'principal place of busilless
located at 1069 State Road 46E, Batesville, Indiana.
72.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

was a non-domiciliary of the State of New York, and has transacted business within the State of
New York.
· 73.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

was a non-domiciliary of the State of New York and has committed a tortious act without the
State of New Y<irk, causing injury to a person within the State of New York and said defendant
solicited business or engaged in any other persistent course of conduct, or derived substantial
revenue from goods used or services rendered in the State of New York.
74.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

was a nori;domiciliary of the State of New York, and has committed a tortious act within the
State of New York, causing injury to a person within the State ofNew York, and said defendant
expects or should reasonably expect to have consequences in the State ofNew York.
75.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

was the manufacturer of a Certain hospital bed with bedrails.
76.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

was the manufacturer of a certain hospital bed with bedrails which was, on the 1Oth day of
September, 2010, present upon the premises of Flushing Hospital Medical Center, located at 4500 Parsons Blvd, Flushing, New York 11355.
77.

That at all times hereinafter mentioned, the defendant IDLL-ROM SERVICES, INC., its

servants, agents and/or employees designed said hospital bed with bedrails.
78. .

That at all times hereinafter mentioned, the defendant.HJLL-ROM SERVICES, INC., its

servants, agents and/or employees constructed said hospital bed with bedrails.
79.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees produced said hospital bed with bedrai!s.
80.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees assembled said hospital bed with bedmils.
81.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees tested said hospital bed with bedrails.
82.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees inspected said hospital bed with bedrails.
83.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees distributed said hospital bed with bedrails.
84.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees distributed said hospital bed with bedr;~ils to the Flushing
Hospital Medical Center, located at 45-00 ~arsons Blvd, Flushing, New York 11355.
85.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees sold said hospital bed with bedrails to the
Flushing Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
86.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees leased said hospital bed with bedrails to the Flushing Hospital
..

l

Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 1135"5.
87.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its

servants, agents and/or employees delivered said hospital bed with bedrails to the Flushing
Hospital Medical Center,located at 45-00 Parsons Blvd, Flushing, New York 11355.
88.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC., its··

servants, agents and/or employees placed said hospital bed with bedrails into the chains of

commerce.
89.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC.,

engaged in the business of service, repair and/or maintenance of said hospital bed with bedrails.
90.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC. had

entered into an agreement relative to the service, maintenance and/or repair of said hospital bed
with bed rails.
91.

That at all times hereinafter mentioned, the defendant HILL-ROM SERVICES, INC. had

entered into an agreement with the Flushing Hospital Medical Center relative to the service,
maintenance and/or repair of said hospital bed with bed rails.
92.

That at·all times hereinafter mentioned, and on/or prior to the I Oth day of September,

2010, the defendant, HILL-ROM SERVICES, INC., its servants, agents and/or employees
performed certain work, labor and/or services relative to said hospital bed with bedrails.
93.

That at all times hereinafter mentioned, and on/or· prior to the 1Oth day of September,

2010, the defendant, HILL-ROM SERVICES, INC., its servants, agents and/or employees
performed certain work, labor and/or services relative to said hospital bed with bedrails, which
was present upon the premises of said Flushing Hospital Medical Center.
94.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, lULL-ROM SERVICES, INC., its servants, agents and/or employees
serviced said hospital bed with bedrails, which was present upon the premises of said Flushing
Hospital Medical Center.
95.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM SERVICES, INC., its servants, agents and/or employees
repaired said hospital bed with bedrails, which y.'l!s present upon the premises of said Flushing
Hospital Medical Center.
96.

That at all times hereinafter mentioned, and on!or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM SERVICES, INC., its servants, agents and/or employees tested
said hospital bed with bedrails, which was present upon the premises of said Flushing Hospital
Medical Center.
97.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, lULL-ROM SERVICES, INc;., its servants, agents and/or employees
modified said hospital bed with bedrails, which was present upon the premises of said Flushing

Hospital Medical Center.
98.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HlLL-ROM SERVICES, INC., its servants, agents and/or employees
represented that said hospitai bed with bedrails was in reasonably safe, suitable and adequate
condition and repair.
99.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HlLL-ROM SERVICES, INC., its servants, agents and/or employees
represented that said hospital bed with bedrails was properly and adequately operating,
functioning and safe for use as intended.
100.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM SERVICES, INC., its servants, agents and/or employees
represented that bedrails of said hospital bed were properly and adequately operating,
functioning and safe for use as intended.
101.

That at all times hereinafter mentioned, it was the duty of the defendant, HILL-ROM

SERVICES, INC., its servants, agents and/or employees to ensure that said hospital bed with
bedraiis was properly and adequately serviced, repaired, tested, inspected and maintained, free
from any hazards or defects and safe for the purpose intended.
102.

That at all times hereinafter mentioned, it was the duty of the defendant, HILL-ROM

SERVICES, INC., its servants, agents and/or employees to ensure that said hospital bed with
bedrails was properly and adequately manufactured, designed, constructed, safeguarded,
protected, produced, tested, inspected, distributed and free from any hazards or defects and safe
for the purpose intended.
103.

That at all times hereinafter mentioned, the defendant HlLL-ROM COMPANY, INC.,

was a domestic corporation duly organized and existing under and by virtue of the laws of the
State of New York.
104.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY,

INC., was a foreign corporation duly authorized to conduct business in the State of New York.
105.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

was a corporation doing business in the State of New York with a principal place of business
located at 1069 State Road 46E, Batesville, Indiana. .
106.

That at all times hereinafter mentioned, the defendant HlLL-ROM COMPANY, INC.,

was a non-domiciliary of the State of New York, and has transacted business within the State of
New York.
107.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

was a non-domiciliary of the State ofNew York and has committed a tmtious act without the
State ofNew York, causing injury to a person within the State of New York and said defendant
solicited business or engaged in any other persistent course of conduct, or derived a substantial
revenue from goods used or services rendered in the State of New. York;
108.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

was a non-domiciliary of the State of New York, and has committed a toltious act within the
State of New York, causing injury to a person within the State of New York, and said defendant
expects or should reasonably expect to have consequences in the State of New York.
109.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

was the manufacturer of a certain hospital bed with bedrails.
110.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

was the manufacturer of a ce11ain hospital bed with bedrails which was, on the 1Oth day of
September, 2010, present upon the premises of Flushing Hospital Medical Center, located at 4500 Parsons Blvd, Flushing, New York 11355.
Ill.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees designed said hospital bed with bedrails.
112.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees constructed said hospital bed with bedrails.
113.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees produced said hospital bed with bedrails.
114.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees assembled said hospital bed with bedrails.
115.

That at !Ill times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees tested said hospital bed with bedrails.
116.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees inspected said hospital bed with bedrails.
117.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees distributed said hospital bed with bedrails.

118.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees distributed said hospital bed with bedtails to the Flushing
Hospital Medical Center, located at 45-00 Parso:r1s Blvd, Flushing, New York 11355.
119.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees sold said hospital bed with bedrails to the Flushing
Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
120.

That at all times hereinafter mentioned, the defendant HILL-ROM·COMPANY, INC.,

its servants, agents and/or employees leased said hospital bed with bedrails to the Flushing
Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
121.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees delivered said hospital bed with bedrails to the Flushing
Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355.
122.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

its servants, agents and/or employees placed said hospital bed with bedrails into the chains of
commerce.
123.

That at all times hereinafter mentioned, the_defendant HILL-ROM COMPANY, INC.,

engaged in the business of service, repair and/or maintenance of said Hospital bed with bedrails.
124.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

had entered into ait agreement relative to the service, maintenance and/or repair of said hospital
bed with bedrails.
125.

That at all times hereinafter mentioned, the defendant HILL-ROM COMPANY, INC.,

had entered into an agreement with the Flushing Hospital Medical Center relative to the se1vice,
maintenance and/or repair of said hospital bed with bedrails.
126.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees
performed certain work, labor and/or se1vices relative to said hospital bed with bedrails.
127.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees
performed certain work, labor and/or services relative to said hospital bed with bedrails, which
was present upon the premises of said Flushing Hospital Medical Center.
128.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees
serviced said hospital bed with bedrails, which was present upon the premises of said Flushing
Hospital Medical Center.
129.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees
repaired said hospital bed with bedrails, which was present upon the premises of said Flushing
Hospital Medical Center.
130.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees tested
said hospital bed with bedrails, which was present upon the premises of said Flushing Hospital
Medical Center.
131.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

20l0, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees
modified said hospital bed with bedrails, which was present upon the premises of said Flushing
Hospital Medical Center.
132.

That at all times hereinafter mentioned, and on/or prior to the 1Oth day of September,

2010, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees
represented that said hospital bed with bedrails was in reasonably safe, suitable and adequate
condition and repair.
133.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees
represented that said hospital bed with bedrails was properly and adequately operating,
functioning and safe for use as intended.
134.

That at all times hereinafter mentioned, and on/or prior to the lOth day of September,

2010, the defendant, HILL-ROM COMPANY, INC., its servants, agents and/or employees
represented that bedrails of said hospital bed were properly and adequately operating,
functioning and safe for use as intended.
135.

That at all times hereinafter mentioned, it was the duty of the defendant, HILL-ROM

COMPANY, INC., its servants, agents and/or employees to ensure that said hospital bed with
bedrails was properly and adequately serviced, repaired, tested, inspected and maintained, free
from any hazards or defects and safe for the purpose intended.

136.

That at all times hereinafter mentioned, it was the duty of the defendant, HILL-ROM

COMPANY, INC., its servants, agents and/or employees to ensure that said hospital bed with
bedrails was properly and adequately manufactured, designed, constmcted, safeguarded,
protected, produced, tested, inspected, distributed and free from any hazards or defects and safe
for the purpose intended.
137.

That at all times hereinafter mentioned, it was the duty of the defendants, their servants,

agents and/or employees to ensure that said hospital bed with bedrails contained and/or properly
displayed the necessary, required and appropriate warning, labels, directions and/or instructions
for use and handling.
138.

That at all times hereinafter mentioned, it was the duty of the defendants, their servants,

agents and/or employees to ensure that said hospital bed with bedrails contained the necessary,
required and appropriate safeguards, safety equipment, devices and/or apparatus.
139.

That on the lOth day of September, 2010, the plaintiff was lawfully present upon the said

premises and/or place of business of Flushing Hospital Medical Center located at 45.-00 Parsons
Blvd, Flushing, New York 11355.
140.

That on the 1Oth day of September, 201 0, the plaintiff was lawfully present upon the said

premises and/or place of business of Flushing Hospital Medical Center located at 45-00 Parsons
Blvd, Flushing, New York 11355, in the course and scope of her empioyment.
141.

That on the 10th day of September, 2010, the plaintiff was lawfully operating and/or

·handling said hospital bed with bedrails upon the premises and/or place of business at Flushing
Hospital Medical Center, located at 45-00 Parsons Blvd, Flushing, New York 11355, in the
course and scope of her employment.
142.

That on the 1Oth day of September, 2010, the plaintiff was caused to be injured while

operating and/or handling said hospital bed with bedrai!s.
143.

That the said hospital bed with bedrails was inherently dangerous, defective, unsafe and

unfit for use and handling as intended.
144.

That said hospital bed with bedrails did not contain the necessary and required

safeguards, safety and protective devices, apparatus and/or equipment.
145.

That the said hospital bed with bedrails did not contain and/or properly display the

necessary, required and appropriate warnings, labels, directions and/or instmctions for use and
handling.

146.

That the said Hospital bed with bedrails was carelessly, negligently and defectively

designed, manufactured, produced, constmcted, safeguarded, protected, assembled, tested,
inspected, placed into the chains of commerce, distributed, delivered, sold, serviced, repaired,
maintained and represented to be safe for use as intended by the defendants.
147.

That at all times herei!lafter mentioned, it was the duty of the defendants, their servants,

agents and/or employees failed to ensure that said hospital bed with bedrails contained the
necessary, required 'and appropriate safeguards, safety equipment, devices and/or apparatus.
148.

That at all times hereinafter mentioned, it was the duty of the defendants, their servants,

agents and/or employees failed to ensure that said hospital bed with bedrails contained and/or
properly displayed the necessary, required and appropriate warnings, labels, directions and/or
instructions for use and handling.
149.

That at all times hereinafter mentioned, it was the duty of the defendants, their servants,

agents and/or employees knew or could and should have known tliat said hospital bed with
bedrails failed to contain the necessary, required and appropriate safeguards, safety equipment,
devices and/or apparatus so as to prevent injuries to persons carefully and diligently operating
and/or handling same.
150.

That at all times hereinafter mentioned, it was the duty of the defendants, their servants,

agents and/or employees distributed, sold and delivered said hospital bed with bedrails when
they knew or could and should have known that said hospital bed with bedrails failed to contain
the necessary, required and appropriate safeguards, safety equipment, devices and/or apparatus
so as to prevent injuries to persons carefully and diligently operating and/or handling same.
151.

That at all times hereinafter mentioned, it was the duty of the defendants, their servants,

agents and/or employees failed to recall said hospital bed with bedrails when they knew or could
and should have known that said hospital bed with brakes or braking system failed to contain the
necessary, required and appropriate safeguards, safety equipment, devices and/or apparatus so as
to prevent injuries to persoris carefully and diligently operating and/or handling same.
152.

That at all times hereinafter mentioned, it was the duty of the defendants, their servants,

agents and/or employees failed to issue any notices, wamings and/or instructions to warn persons
operating said hospital bed with bedrails as to the known hazards, dangers and defects thereof.
153'.

That by reason of the foregoing, the plaintiff MARGARET ZO.TTA was caused to

sustain personal injuries.

154.

That the foregoing occurrence and the injuries to the plaintiff were caused solely by

reason of the carelessness and negligence of the defendants and without any negligence on the
part of the plaintiff contributing thereto.
155.

Th~t

156.

Pursuant to CPLR Section 1602(2)(iv), defendants are jointly and severally liable for all

this action falls within one or more of the exceptions set forth in CPLR 1602.

of the plaintiff's damages, including but not limited to plaintiffs non-economic loss, irrespective
of the provisions of the CPLR Section 1601, by reason of the fact that defendants owed the
plaintiff a non-delegable duty of care.
157.

Pursuant to CPLR Section 1602(7), defendants are jointly and severally liable for all

of the plaintiff's damages, including but not limited to plaintiffs non-economic loss, irrespective
of the provisions of the CPLR Section 160 I, by reason of the fact ihat defendants acted with
reckless disregard of the safety of others.
158.

Pursuant to CPLR Section !602(2)(iv), defendants are jointly and severally liable for all

of the plaintiff's damages, including but not limited to plaintiff's non-economic loss, irrespective
of the provisions of the CPLR Section 1601, by reason of the fact that defendants are vicariously
liable for the negligent acts and omissions of each other and/or others who caused or contributed
to the plaintiff's damages.
!59.

Pursuant to CPLR Section 1602(11), defendants are jointly and severally liable for all

of the plaintiffs damages, including but not limited to plaintiff's non-economic loss, irrespective
of the provisions of the CPLR Section 160 I, by reason of the fact that defendants acted
knowingly or intentionally, and in conceit, to cause the acts or failures which are a proximate
cause of plaintiff's injuries.
160.

Pursuant to CPLR Section1602(4), defendants are jointly and severally liable for all

of the plaintiff's damages, including in addition, the equitable share of any person or entity
against whom plaintiff is barred from asserting a cause of action because of the applicability of
the Workers Compensation Law.
161.

Pursuant to CPLR Section 1602(8), defendants are jointly and severally liable for all

of the plaintiff's damages, including but not limited to plaintiff's non-economic loss, irrespective
of tl1e provisions of the CPLR Section 160 I, by reason of the fact that defendants should be held
liable pursuant to Article I 0 of Labor Law.
162.

Pursuant to CPLR Section 1602(4), defendants are jointly and severally liable for all

of the plaintiff's damages, inespective of the provisions of CPLR Section 160 I, by reason of the
fact that plaintiff has sustained "grave injury" as defined in Section II of the Workers
Compensation Law.
163.

That by reason of the foregoing, this plaintiff was severely and permanently injured and

damaged.
164.

That by reason of the foregoing, this plaintiff has been damaged in an amount that

exceeds the jurisdiction of any and all lower courts.
AS AND FOR A SECOND CAUSE OF ACTION:
165.

That plaintiff repeats, reiterates and realleges each and every allegation as contained in

the First Cause of Action of the within complaint, with the same force and effect as though each
were more fully set forth at length herein.
166.

That at all timed herein mentioned, and on/or prior to the 1Oth day of September, 201 0,

the defendants, their servants, agents and/or employees made careless, negligent, defective and
improper repairs to said hospital bed With bedrails.
167. . That by reason of the foregoing, this plaintiff has been damaged in an amount that
exceeds the jurisdiCtion of any and all lower courts.
AS AND FORA THIRD CAUSE OF ACTION:
168.

That plaintiff repeats, reiterates and realleges each and every allegation as contained in

the First and Second Causes of Action of the within complaint, with the same force and effect as
though each were more fully set fotth at length herein.
169.

That at all times herein mentioned, the defendants, their servants and/or employees

wananted to all persons whom they could reasonably foresee would be injured by a breach of
said wananty ahd representations that the said hospitai bed with bedrails was properly and
adequately designed, manufactured, produced, constructed, assembled, protected, safeguarded,
distributed, serviced, tested, inspected, maintained, repaired, delivered and restored for use and
that said machinery and/~r equipment was safe and fit for use as intended, and that said bed and
equipment was not inherently dangerouS and that normal use and operation of said bed and/or
equipment would not result in personal injuries.
170.

That at all times herein mentioned, this plaintiff was and is covered by and included in

the aforesaid wananties and representations and relied upon same in purchasing and operating
and handling said bed and equipment

171.

That as a result of the breach of the said warranty of fitness for use as intended by the

defendants, their agents, servants and/or employees in causing, allowing and permitting the said
hospital bed with bedrails which was not fit f~r use as intended to be distributed, sold, delivered
and restored for use as intended, and to be operated and handled by the plaintiff, the plaintiff was
severely injured and damaged.
172.

That by reason of the foregoing, the plaintiff has been damaged in the amount that

exceeds the jurisdiction of any and all lower courts.
AS AND FOR A FOUR1H CAUSE OF ACTION:
173.

That plaintiff repeats, reiterates and realleges each and every allegation as contained in

the First, Second and Third Causes of Action of the within complaint, with the same force and
effect as though each were more fully set forth at length herein.
174.

That at all times herein mentioned, the defendants assilmed a strict liability to all persons

whom could reasonably forsee would be injured by the said dangerous and defective condition of
the said hospital bed with bedrails which was not fit for the purpose intended.
I 75.

That at all times h.;;rein mentioned, the plaintiffwas.and is covered by and included in

the aforesaid strict liability assumed by the defendants.
176.

That by reason of the foregoing, the defendants are strictly liable to the plaintiff in tort in

an amount that exceeds the jurisdiction of any and all lower courts.
WHEREFORE, plaintiff demands judgment against the defendants in an amount that is in
excess of the jurisdictional limit of all lower courts which may otherwise retain jurisdiction

4 !2/l

together with the costs and disbursements of this action, and with interest from the date of the
accident.

.

·

Bu~
DALLI & MARINO, LLP
231 Mineola Boulevard
Mineola, NY 11501
516-292-4700

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ATTORNEY'S vERIFICATION
STATEOFNEWYORK
COUNTY OF NASSAU

)
) ss.:
)

The undersigned, an attorney duly admitted to practice in the State of New York, under
the penalties of perjury affums as follows:

1.

I am one of the attorneys for.the Plaintiff(s) in this action.

2.

I have read the foregoing Verified Complaint and know the contents thereof; the same is

true to my own knowledge, except as to the matters therein stated to be alleged on information
and belief and, as to those matte111, I beli~:Ve tl_1e~·~S:.b.J:~~~' ,
3.

The reason this verification is made by me and not by Plaintiff is that Plaintiff is not ·

presently within the county wherein Plaintiff's attorneys' offices are located.
4.

The grounds of my belief as to all ,ma):t()rs..not stated upon my own knowledge are

investigations made and reports of investigation received by me.
Dated: Mineola, N~ York
September 8, 2011

DJ.\.ItY&.~O, L.L.P.
By:Jolm Dalli, Esq.

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