Metro Detroit Injury Lawyers reached a $50,000 settlement on a case involving injuries to a registered nurse who was assaulted by her patient. Plaintiff was hired by the patient’s adult sister to provide nursing and caregiving services. Unbeknownst to Plaintiff, the patient had a long history of physical violence, including multiple incidents of assault and battery against friends and family members. The Defendant failed to inform Plaintiff of her sister’s dangerous propensities prior to hiring her. Plaintiff was subsequently attacked by her patient and was struck several times with two cutting boards. As a result of the attack, Plaintiff suffered an aggravation to a prior shoulder injury that now required surgery.
Deposition testimony and text messages revealed that the Defendant believed that her sister was dangerous since she was a child and worried privately that her sister may someday seriously injure someone. Despite this, she failed to disclose those facts to Plaintiff prior to hiring her.
After negotiations with the insurance company failed to reach a settlement, a lawsuit was filed. At the close of discovery, Defendant filed a motion asking that the court dismiss the case arguing that Defendant did not owe a duty of care to Plaintiff. Plaintiff’s counsel countered by stressing that Defendant sister was responsible for hiring and paying for Plaintiff’s services, and that the services took place on property owned by Defendant.
The Court agreed with Plaintiff, stating that sufficient evidence had been presented to support the argument that the Defendant should have advised Plaintiff of her sister’s dangerous propensities prior to hiring her and that based on her history, the attack on Plaintiff was foreseeable. With trial approaching, the parties agreed to settle the case at mediation for $50,000.