John-Cedeno v. The Kings County Hospital

Domicile Does Not Determine Diversity Jurisdiction; Plaintiff Is Citizen of Trinidad

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MEMORANDUM AND ORDER Pro se plaintiff Karen John-Cedeno brings this action against Kings County Hospital and New York City Health and Human Hospitals Corporation, asserting a negligence claim based on personal injuries she allegedly sustained during treatment at Kings County Hospital. Defendants move to dismiss the action for lack of subject-matter jurisdiction. For the reasons explained below, defendants’ motion to dismiss is denied. BACKGROUND The following facts are taken from plaintiff’s complaints and assumed true for the purposes of this order. In August 2022, plaintiff visited the Neurology Clinic of Kings County Hospital, where she was being treated for seizures. Compl.

9-10 (Dkt. #1). Dr. Josephe Honorat, a physician working for the hospital, performed a lumbar puncture procedure on plaintiff. Id. 10. During the procedure, plaintiff “felt the needle used by Dr. Honorat deviate to the right of her spine causing immediate severe and excruciating pain.” Id. 11. Dr. Honorat “admitted that she was unable to reach spine because she was hitting bone.” Id. 12. Afterward, plaintiff “began experiencing feelings of numbness and tingling” in her back, spine, legs, and toes, id. 13, and “both of her legs have become weakened to the point that she has been unable to walk on her own” and perform daily tasks, id. 14. Plaintiff required a second lumbar puncture procedure, which was performed by a different physician at Kings County Hospital. Id. 15. Despite the success of the second procedure, plaintiff “has had to undergo aggressive rehabilitation in order to walk,” id. 16, and she “has been unable to concentrate and essentially continue with her career path, due to…mental anxiety,” id. 17. Plaintiff brought this action against Kings County Hospital and New York City Health and Human Hospitals Corporation, asserting a negligence claim and seeking $10 million in damages. Id.

John-Cedeno v. The Kings County Hospital

Domicile Does Not Determine Diversity Jurisdiction; Plaintiff Is Citizen of Trinidad

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