Jill Williams was seriously injured on a Manhattan street when a guy threw a large glass bottle at her.
After she recovered from two surgeries to correct multiple leg fractures, Williams filed suit claiming that the State of New York had been negligent in its supervision of her mentally ill assaulter. (The guy had been "voluntarily" committed to a state psychiatric institution--Manhattan Psychiatric Center-- from which he "eloped" some two years prior to the encounter with Williams.)
When the Court of Claims dismissed her case, Jill appealed.
Because the State was aware of its patient's extensive history of violence against women, and of his eight prior "elopements" over the course of a 29-month period, the Appellate Division, First Department, thought there was a duty to prevent the man from harming others and that negligence made the escape and eventual misconduct possible.
Apparently, hospital employees failed to adhere to the Psychiatric Center's rules and, in effect, facilitated their patient's escape. Even though two years had passed since the escape occurred, the AD1 thought the State still remained liable and reinstated the lawsuit.
How loco was that?
To view a copy of the Appellate Division's decision, please use this link: Williams v. State of New York