Paul v. City Of New York
- Vernon Broderick
- 1:16-cv-01952
- U.S. District Court · Southern District of New York
- 3
In Anthony Andre Paul v. North Central Bronx Hospital, Judge Broderick set jury instructions on damages and negligence and declined separate wrongful-death, assault, and battery instructions.
The order affects Anthony Andre Paul and the other plaintiffs, the officer defendants, the hospital defendants, and the jury instructions for the trial.
What happened
In Anthony Andre Paul v. North Central Bronx Hospital, the court resolved the parties’ remaining objections to the proposed jury instructions after a charge conference. The case includes claims involving the officer defendants and hospital defendants.
The court declined to give a separate instruction on the wrongful-death claim because it found those damages were covered by damages available under the constitutional-rights claim and the medical-malpractice claim. The jury will still be instructed to consider damages recoverable for the wrongful death. The court also ruled that the jury will consider the negligence claim against DiFrancesca, McNamara, and Ramos, but will not be instructed on the assault and battery claims because the parties agreed.
Judge Vernon S. Broderick issued the order and attached the final jury charge. The order sets the instructions the jury will receive at trial.
The detailed version
- Paul v. City Of New York · No. 1:16-cv-01952
- Vernon Broderick
- June 3, 2024
Background
The court held a conference with the parties about the proposed jury instructions. After considering the parties’ continuing objections and their supporting submissions, Judge Broderick ruled on three issues and attached the final jury charge to the order.
Wrongful-death instruction
The court declined to give the jury a separate instruction on the wrongful-death claim. It found that the damages available on that claim were covered by damages available on other claims. If the jury finds that the officer defendants used excessive force, the funeral expenses and burial-plot costs recoverable under the wrongful-death claim would be included in damages for the constitutional violation. The court also stated that the wrongful-death damages recoverable from the hospital defendants were covered by damages connected to the medical-malpractice claim.
The court explained that the jury charge would nevertheless instruct jurors to consider damages recoverable for the defendants’ wrongful acts. For the Section 1983 claims against the officer defendants, the charge allows consideration of the intrinsic value of Mr. Paul’s life and his loss of enjoyment of the life he would have lived. The court said a separate wrongful-death instruction could confuse the jury.
Negligence claim
The jury will be instructed to consider the plaintiffs’ negligence claim against DiFrancesca, McNamara, and Ramos. The officer defendants had not provided authority prohibiting the plaintiffs from pursuing alternative theories of liability at trial.
Assault and battery claims
The jury will not be instructed on the plaintiffs’ assault and battery claims because the plaintiffs and the officer defendants agreed that those instructions should not be given.
Disposition
Judge Vernon S. Broderick resolved the stated objections to the proposed jury charge, declined a separate wrongful-death instruction, ordered that the jury be instructed on the specified negligence claim, and ordered that it not be instructed on the assault and battery claims. The final jury charge was attached as Exhibit B.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.