As the end of the work day approaches, the streets are congested with employees exiting the premises to call it quits for the day. Highways jam up with cars and trucks lining the road hoping to make it home before an unsavory hour. In the month of December this situation can be magnified due to the unforeseen nature that New England weather bestows upon us. This is something we have come to expect. However, on December 10, 2011, when Richard Medina was traveling home from work, traffic and weather were the least of his concerns.
On that day, Robert Riskind was also traveling home from work and suffered a grand mal seizure. As a result, he lost control of his vehicle and hit Mr. Medina. The seizure that Mr. Riskind suffered was caused by an inoperable brain tumor that he had been receiving treatment for. Dr. Hochberg had diagnosed him and was treating him for said condition. As a result of the accident, Mr. Medina sustained serious and severe personal injuries that entailed a multitude of surgeries.
Mr. Medina brought a cause of action predicated in negligence against Dr. Hochberg, alleging that he owed a duty of care to him to control his patient’s behavior. Additionally, Mr. Medina claimed that the doctor breached this duty of care by failing to warn Mr. Riskind not to drive. After a few complicated procedural moves, the case was ultimately dismissed on the basis that the Plaintiff had not submitted enough material facts in dispute that rose to a triable level. The Plaintiff appealed his case. Continue reading →