Schoolcraft v. The City Of New York et al

Filing 556

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Jamaica Hospital Medical Center.(Osterman, Brian)

BSO/lmt
82-82153

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
■X

ADRIAN SCHOOLCRAFT,
Plaintiff,
-against-

10 CIV 6005 (RWS)

THE CITY OF NEW YORK, et al..
Defendants.
X
PROPOSED SPECIAL VERDICT SHEET OE DEFENDANT
JAMAICA HOSPITAL MEDICAL CENTER,
Submitted By:
Defendant Jamaica Hospital Medical Center
William Brady, Esq.
Gregory J. Radomisli, Esq.
Brian Osterman, Esq.
MARTIN CLEARWATER & BELL, LLP.
220 East 42nd Street
New York, NY 10017

1.

Did the defendant Jamaica Hospital, by its agent and employees, depart from accepted

standards of medical practice by involuntarily admitting the plaintiff Adrian Schoolcraft to the
Psychiatric Emergency Department at Jamaica Hospital?
Yes

No

If Yes, proceed to Question 2. If No, proceed to Question 3.
2.

Was the departure on the part of the defendant Jamaica Hospital a substantial factor in

causing personal injuries to the plaintiff Adrian Schoolcraft?
Yes
3.

No

Did the defendant Dr. Isak Isakov depart from accept standards of medical practice by

involuntarily admitting the plaintiff Adrian Schoolcraft to Jamaica Hospital?
Yes
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No
1

If Yes, proceed to Question 4. If No, proceed to Question 5.
4.

Was the departure on the part of the defendant Dr. Isak Isakov a substantial factor in

causing personal injuries to the plaintiff Adrian Schoolcraft?

Yes
5.

No

Did the defendant Dr. Aldana-Bernier depart from accepted standards of medical

practice by involuntarily admitting the plaintiff Adrian Schoolcraft to Jamaica Hospital?

Yes

No

If Yes, proceed to Question 6. If No, proceed to Question 7.
6.

Was the departure on the part of the defendant Dr. Aldana-Bernier a substantial factor

in causing personal injuries to the plaintiff Adrian Schoolcraft?

Yes

No

If you have answered Yes to either Question 2, 4 or 6, proceed to Question 7. If you
have not answered Yes to either Question 2, 4 or 6, then report your verdict to the
Court.
7.

If you find that any of the above-named defendants were responsible personal injuries

sustained by the plaintiff Adrian Schoolcraft, (by answering Yes to either Question 2, 4 or 6),
please answer the following questions
(1) Set forth the total amount of damages sustained by the plaintiff Adrian
Schoolcraft from October 31, 2009 to the date of your verdict for:
(a) Pain and suffering: $
If your answer to this question is zero, then insert the word, “None.
(2) Set forth the total amount of damages sustained by the plaintiff Adrian
Schoolcraft from the date of your verdict into the future for:
(a) Pain and suffering: $

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11

If your answer to either question is zero, then insert the word, “None” for that
item of damage.
(3) Set forth the number of years that the plaintiff Adrian Schoolcraft will
sustain future damages.
Years
8.

Did the plaintiff Adrian Schoolcraft’s conduct on October 31, 2009 leading up to his

admission to Jamaica Hospital contribute to his being retained and admitted to Jamaica
Hospital?

Yes

No

If Yes, proceed to Question 9. If No, proceed to Question 10.
9.

Was the plaintiff Adrian Schoolcraft’s conduct a substantial factor in causing his own

injuries?
Yes
10.

No

State the percentage by which each party contributed to the plaintiff Adrian

Schoolcraft’s injuries. If a party did not contribute to the plaintiffs injuries, then insert the
word “None” next to the party’s name.
Jamaica Hospital

%

Dr. Isak Isakov

%

Dr. Aldana-Bernier

%

Adrian Schoolcraft

%

The total of the percentages must equal 100%

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111

This is a preliminary proposed jury verdict sheet that is being submitted prior to trial
as per the Court’s rules. The defendant Jamaica Hospital reserves the right to change or
supplement the proposals based on the evidence presented at trial.

Dated;

New York, New York
October 29, 2015
Respectfully submitted.
MARTIN CLEARWATER & BELL LLP

By:
Brian Osterman (MO
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, NY 10017
[phone]

To: All Parties via ECF

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IV