Opinion
1:17-cv-01804 (SDA)
11-21-2019
Lizzette Vega-Ruiz, Plaintiff, v. Montefiore Medical Center, Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED that, after a Jury Trial before the Honorable Stewart D. Aaron, United States Magistrate Judge, the jury having returned a special verdict in favor of Defendants, the Complaint is hereby dismissed. DATED: New York, New York
November 21, 2019
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk
SO ORDERED:
/s/ _________
Stewart D. Aaron, United States Magistrate Judge SPECIAL VERDICT FORM LIABILITY: Americans with Disabilities Act; Rehabilitation Act; Patient Protection and Affordable Care Act; and New York State Human Rights Law
1. Has Plaintiff Lizzette Vega-Ruiz ("Plaintiff") proved, by a preponderance of the evidence, that Defendant Montefiore Medical Center ("Defendant") discriminated against her in violation of Title III of the Americans with Disabilities Act; the Rehabilitation Act; the Patient Protection and Affordable Care Act; and the New York State Human Rights Law?
___ Yes × No
Entitlement to Damages under the Rehabilitation Act and the Patient Protection and Affordable Care ActIf you marked "No" to the above question , please skip Question 2 and proceed to Question 3.
If you marked "Yes" to the above question , please proceed to Question 2.
2. Has Plaintiff proved, by a preponderance of the evidence, that Defendant was deliberately indifferent to Ms. Vega-Ruiz's rights under the Rehabilitation Act and the ACA?
___ Yes ___ No
LIABILITY: New York City Human Rights LawRegardless of your answer to Question 2 please proceed to Question 3.
3. Has Plaintiff proved, by a preponderance of the evidence, that Defendant treated her less well, or denied her a reasonable accommodation, at least in part because of her disability, in violation of the New York City Human Rights Law?
___ Yes × No
DAMAGESIf you did not answer "Yes" to any of the preceding questions , your deliberations are complete and you should not answer any of the following questions.
If you marked "Yes" to Question 1 , 2 and/or 3 , please proceed to the DAMAGES section below.
4.
a. Compensatory Damages: Please state the amount of compensatory damages, if any, to which Plaintiff has proved, by a preponderance of the evidence, that she is entitled:
$ 0
b. Nominal Damages: If you did not award any compensatory damages under Question 4(a), please state the amount of nominal damages, if any, you award to Plaintiff (enter sum not to exceed $1,00):
$ 0
If your answer to Questions 4(a) or 4(b) is more than $0 and you marked "Yes" to Question 3 , please proceed to Question 5.
If your answer to Question 4(a) and 4(b) Is $0 and/or you did not mark "Yes" to Question 3 , your deliberations are complete.
5. Punitive Damages: Has Plaintiff proved, by a preponderance of the evidence, that she is entitled to punitive damages from the defendant based on a violation of the New York City Human Rights Law?
___ Yes × No
If you marked "No" to Question 5 , your deliberations are complete.
If you marked "Yes" to Question 5 , please proceed to Question 5(A) below.
a. Please state the amount of punitive damages to which Plaintiff has proved, by a preponderance of the evidence, that she is entitled against Defendant:
$ __________
Your deliberations are complete. Please sign and date this Verdict Sheet and return It to the
Marshal.
/s/_________
Foreperson
/s/_________
/s/_________
/s/_________
/s/_________
/s/_________
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Dated: New York, New York
November 20, 2019