ESX-L-000877-17 ESX L 000877-17 07/17/2020 07/21/2020 12:22:45 PM Pg Pg 1 of13ofTrans 3 Trans ID: ID: LCV20201259084 LCV20201242327 Katelyn E. Cutinello, Esq., ID # 034492010 COCCA & CUTINELLO, LLP The Point at Morristown 36 Cattano Avenue, Suite 600 Morristown, NJ 07960 (973) 828-9000; Fax (973) 828-9999 Attorneys for Defendant, Care Two, LLC d/b/a Care One at Livingston LAURA WOODS, individually and as Executrix of the ESTATE OF JAMES WOODS, Plaintiff, v. CARE ONE AT LIVINGSTON, CARE TWO, LLC, JANE DOE NURSES 1-50, JANE ROE TECHNICIANS, CAN’S AND PARAMEDICAL EMPLOYEES 1-50, JOHN DOE PHYSICIANS 1-50, RICHARD ROES 1-10, JANE DOE DIETICIANS 1-50, ABC CORPORATION AND ABC PARTNERSHIP (the aforesaid names being fictitious and their true names being unknown), Defendants. : SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: ESSEX COUNTY : DOCKET NO.: ESX-L-877-17 : : : Civil Action : : : : ORDER DISMISSING : SPECIFIED CLAIMS : : : : : : : : : : THIS MATTER having been opened to the Court by Katelyn E. Cutinello, Esq., attorneys for Defendant, Care Two, LLC d/b/a Care One at Livingston (“Care One”), for an Order dismissing with prejudice for failure to state a claim upon which relief may be granted certain specified claims set forth in plaintiff’s Complaint, and the Court having considered the papers submitted, opposing papers, and Oral Argument having been held on July 1, 2020, and for good cause having been shown; IT IS on this 20th day of July, 2020; ESX-L-000877-17 ESX L 000877-17 07/17/2020 07/21/2020 12:22:45 PM Pg Pg 2 of23ofTrans 3 Trans ID: ID: LCV20201259084 LCV20201242327 ORDERED that defendant’s motion to dismiss the specified counts of plaintiff’s complaint as to Care One for failure to state a claim upon which relief can be granted is GRANTED in part and DENIED in part; and it is further ORDERED that defendant’s motion to dismiss any and all claims asserting violations of the “responsibilities” section of New Jersey’s Nursing Home Responsibilities and Residents’ Rights Act (“NHA”), N.J.S.A. 30:13-3, the “OBRA regulations”, 42 C.F.R. Section 483 et. seq., and N.J.A.C. 8:39, the Standards for Licensure of Long Term Care Facilities, is GRANTED; and it is further ORDERED that any and all claims alleging violations of “responsibilities” pursuant to N.J.S.A. 30:13-3, the “OBRA regulations”, 42 C.F.R. Section 483 et. seq., and N.J.A.C. 8:39, the Standards for Licensure of Long Term Care Facilities, are DISMISSED WITH PREJUDICE; and it is further is permitted to reference ORDERED that plaintiff is not barred at this time from utilizing the “responsibilities” section of New Jersey’s Nursing Home Responsibilities and Residents’ Rights Act (“NHA”), N.J.S.A. 30:13-3, the “OBRA regulations”, 42 C.F.R. Section 483 et. seq., and N.J.A.C. 8:39, the Standards for Licensure of Long Term Care Facilities, as a source for the standard of care, but any subject to any limitations imposed by the trial judge during in limine motions for which such evidence will need to be evaluated at trial by the trial judge and all objections are reserved; and it is further ORDERED that defendant’s motion to dismiss claims alleging violations of plaintiff’s “rights” pursuant to N.J.S.A. 30:13-5, is DENIED; and it is further ORDERED that defendant’s motion to dismiss any and all claims of gross negligence and punitive damages is GRANTED; and it is further ESX-L-000877-17 ESX L 000877-17 07/17/2020 07/21/2020 12:22:45 PM Pg Pg 3 of33ofTrans 3 Trans ID: ID: LCV20201259084 LCV20201242327 ORDERED that the Second Count of the Complaint, alleging gross negligence, as well as all claims that Care One was wanton, willful and reckless, and grossly negligent, as set forth in the “Facts” section of the Complaint, ¶ 5, and various paragraphs of the First, Second, Third, Fourth, and Fifth Counts, are DISMISSED WITH PREJUDICE; and it is further ORDERED that all claims for punitive damages are DISMISSED WITH PREJUDICE; and it is further ORDERED that a copy of this Order shall be served upon all counsel via electronic upload to e-Courts. /s/ Bridget A. Stecher Opposed Unopposed X ______ ______________________________ HON. BRIDGET A. STECHER, J.S.C. Oral Argument via Zoom on 7/1/2020. Findings of fact and conclusions of law stated on the record. Multiple versions of this Order were submitted by both counsel. All current edits are the editing of the Court.