AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DANNETTE MATTHEWS, respondent-appellant, v. RONALD GARRETT, appellant-respondent.

DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff, a dental hygienist, and the defendant, a dentist, were co-workers in a hospital dental clinic. They maintained a generally cordial, professional relationship until, after meeting for a social occasion, the defendant began to make sexually suggestive comments and subjected the plaintiff to unwanted verbal attention and physical touching. After complaints to their employer, the parties were separated and further incidents were prevented. Nevertheless, the plaintiff commenced this action, inter alia, to recover damages for assault. The jury awarded the plaintiff damages in the principal sum of $25,000.

Contrary to the defendant's contentions, the Supreme Court did not commit reversible error in permitting questioning and receiving testimony about the defendant's use of the name of a woman with whom he had allegedly had a prior sexual relationship in dental school, as a metaphor for a sexual act. This testimony was relevant to, and corroborated the plaintiff's version of the facts.

Furthermore, the Supreme Court correctly denied the plaintiff's request for a jury charge on the issue of punitive damages. Punitive damages may be awarded in an action to recover damages for assault (see Buggie v. Cutler, 222 A.D.2d 640; Falcaro v. Kessman, 215 A.D.2d 432). However, the defendant's conduct herein did not rise to the requisite level to warrant the imposition of punitive damages (see Rocanova v. Equitable Life Assur. Socy. of U.S., 83 N.Y.2d 603). Accordingly, no jury charge was warranted on that issue (see Trinkle v. Cordisco, 228 A.D.2d 433).

The parties' remaining contentions are without merit or do not warrant relief.

S. MILLER, J.P., GOLDSTEIN, ADAMS and RIVERA, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTHEWS v. GARRETT
(Mar 17, 2003)