In Piazza v. Regeis Care Ctr., LLC , Nancy Piazza sued Regeis Nursing Home for "failing to maintain a safe environment" after she was attacked by a sibling while visiting their mother at the Home.
Since Regeis had been warned of her brother's drug problems and requests had made (both orally and in writing) that he be banned from the facility, Piazza claimed the Home could have prevented the assault. Regeis countered that the letter and warnings only put them on notice of her brother's drug abuse and "unsavory" disposition, but never about any violent tendencies.
The Bronx County Supreme Court granted Regeis' motion to dismiss the case based on Piazza's failure to express discomfort with her brother's presence prior to the assault and -- because he had never previously attacked a family member -- the confrontation wasn't foreseeable.
In view of her failure "to raise any triable issues of fact as to whether she was lulled into any false sense of security" after giving Regeis those warnings, the Appellate Division, First Department, affirmed the suit's dismissal.
In other words, Regeis reigned Supreme, while Piazza suffered a knock out.
To download a copy of the Appellate Division's decision, please use this link: Piazza v. Regeis Care Ctr