Even if the church and its members had no duty to plaintiff until the moment they restrained him, they acquired a duty to exercise reasonable care to secure his safety during the period of his restraint.New York Law Journal reports on the decision.
Wednesday, March 30, 2016
Suit By Man Injured Through Faith Healing May Proceed
In Sung-Ho Hwang v. Grace Road Church, (ED NY, March 14, 2016), a New York federal district court allowed a mentally ill man (in a suit through his conservator) to move ahead with negligent infliction of emotional distress and negligent supervision claims against a Korean-based church and its members who forced him off his prescription medications and attempted to cure him through religious healing. Plaintiffs' treatment of defendant-- including tying his wrists, ankles, and knees in a chair or bed with duct tape, and placing a sock in his mouth to restrain his screams at night-- led to amputation of his right leg and exacerbation of his psychotic symptoms. The court rejected a number of procedural defenses and, in permitting the negligent infliction claim to move forward, said: