Smith v. Children's Hospital of Pittsburgh (UPMC)

Defense Verdict

Date of Verdict: March 6.

Court and Case No.:  C.P. Allegheny County, No. GD-17-009657.

Judge: Patrick M. Connelly.

Type of Action: Intentional tort.

Injuries: Emotional distress.

Plaintiffs Counsel: Graham F. Baird, Law Offices of Eric A. Shore.

Defense Counsel: Jason J. Zivkovic, Dickie, McCamey & Chilcote, Pittsburgh.

Defense Expert: Clifford W. Jobe Jr., Law Enforcement,Greensburg.

Comment:

On Dec. 3, 2015, plaintiff Danielle Smith was arrested by the city of Pittsburgh Police Department at UPMC Children's Hospital of Pittsburgh, a hospital of the University of Pittsburgh Medical Center. She was charged with disorderly conduct, aggravated assault, making terroristic threats and obstructing the administration of law. She later pleaded guilty to disorderly conduct. Smith claimed emotional distress.

Smith sued UPMC Children's Hospital of Pittsburgh, physician Isabela Angelelli, Pittsburgh's police department, the city of Pittsburgh and police officers Molly Connolly, Rich Phillips,

Heather-Dawn Cooper and Joseph McDermott. Smith alleged claims of intentional infliction of emotional distress, false arrest, assault, battery and malicious prosecution. UPMC Children's Hospital of Pittsburgh was the only remaining defendant, as the other defendants were dismissed prior to trial.

On Dec. 3, 2015, Smith presented to the children's hospital with her 15-year-old son and 3-year-old daughter. The latter was experiencing headaches. Angelelli examined the child. Smith claimed that instead of discharging her, Angelelli ordered her to be interrogated by the Pennsylvania Office of Children and Youth Services, despite the fact that her daughter exhibited no signs of abuse or neglect. According to Smith, by the time that Angelelli advised her to wait for the social worker, she had already been at the hospital for a lengthy period of time and wished to leave. Per Angelelli's request, Smith waited for another half-hour. After a half-hour, Smith advised that she would be leaving with her children. Smith contended that Instead of allowing her to leave, Angelelli physically obstructed her exit to the elevator by standing in her way in the entrance to the examination room. Smith claimed that she became upset and explained to Angelelli that she and her children were leaving and that Angelelli had no right to restrain her movements. At that point, Angelelli moved aside, and Smith proceeded to leave on the elevator to the lobby. Upon arriving in the lobby, Smith was stopped by six to 10 police officers, including McDermott, Connolly and Phillips. According to Smith, the officers immediately crowded toward her and advised her that she was prohibited from leaving the hospital. One of the officers then grabbed Smith's daughter and began moving her away while the officers surrounded Smith. Smith claimed that she never resisted arrest and that she should not have been approached or attacked by the officers. According to Smith, she was manhandled to the ground and struck repeatedly by the officers while her hands were handcuffed behind her back.

The defense maintained that the hospital was not negligent. Angelelli testified that she became concerned that Smith's daughter had been abused. After examining the child, Angelelli contacted the girl's father, who told Angelelli that she had been with him the prior night and that she never hit her head, cried or had anything unusual happen. According to Angelelli, this account conflicted with what Smith had told the physician; that the child had hit her head on the wooden part of a couch while she was with her father. Angelelli determined that the child was healthy with no acute distress. Angelelli decided to request a consultation with a social worker because of the inconsistent histories provided by the parents, along with concern for the child. According to Angelelli, when she presented this information to Smith, Smith became outraged and threatened her.

The defense maintained that when a hospital administrator attempted to talk to Smith about the importance of talking to a social worker, Smith began shouting and swearing. Smith was warned several times to calm down and stop swearing, but her behavior continued, at which point the officers had probable cause to arrest her for disorderly conduct. The defense contended that as the officers attempted to detain Smith for disorderly conduct, she and her son resisted and a scuffle ensued.

The defense maintained that the hospital's conduct was reasonable and appropriate at all times.

Cooper was dismissed via nonsuit at the close of Smith's case.

Smith sought damages for past and future pain and suffering.

The defense maintained that Smith was not entitled to any damages.

The jury rendered a defense verdict. It found no wrongdoing on the part of the defendants.

This report is based on information that was provided by defense counsel. Plaintiffs counsel did not respond to the reporter's phone calls.

—This report first appeared in VerdictSearch, an ALM publication