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La Russo v. St. George's University School of Medicine

United States District Court, S.D. New York

March 28, 2013

DR. MARIA LA RUSSO, an attorney in fact for A. Matthew De Lucia, Plaintiff, -
v.
- ST. GEORGE'S UNIVERSITY SCHOOL OF MEDICINE, and John Does 1-5 and Jane Does 1-5 (as employees, agents, and/or servants of St. George's and/or as independent contractors), Defendants

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For Dr. Maria La Russo, as attorney in fact for A. Matthew De Lucia, Plaintiff: Karen Louise Dippold, Myron Beldock, Beldock Levine & Hoffman LLP, New York, NY.

For St. George's University School of Medicine, John Does 1-5 (as employees, agents, and/or servants of St. George's and/or as independent contractors), Jane Does 1-5 (as employees, agents, and/or servants of St. George's and/or as independent contractors), Defendants: Gerald William Sawczyn, Hank Louis Goldsmith, Proskauer Rose LLP (NY), New York, NY.

OPINION

Page 292

Edgardo Ramos, U.S.D.J.

OPINION AND ORDER

Plaintiff Dr. Maria La Russo (" Plaintiff" or " Dr. La Russo" ), as attorney-in-fact for A. Matthew De Lucia (" De Lucia" ), brings this action against St George's University School of Medicine (" Defendant" or " St. George's" or " School of Medicine" ), alleging medical malpractice, breach of contract, and negligence. The action was removed from state court by St. George's University, Ltd. (" SGU Ltd." ), as " the entity that owns and operates the non-juridicial named defendant in the caption, 'St. George's University School of Medicine.'" Doc. 1.

Before the Court are Plaintiff's motion to amend the complaint to join certain defendants and remand, Doc. 7, and SGU, Ltd.'s motion to dismiss, Doc. 10. For the reasons discussed below, SGU, Ltd.'s motion to dismiss is GRANTED. Because SGU Ltd.'s motion to dismiss is granted, the Court does not consider Plaintiff's motion to amend and remand, which is DENIED as moot.

I. Factual Background

Plaintiff is the attorney-in-fact for her son, De Lucia. Compl. ¶ 24. In August 2007, at the age of twenty-one, De Lucia began attending St. George's, located in the island of Grenada. Id. ¶ ¶ 2, 25. Prior to attending St. George's, De Lucia attended an " Information Session" hosted by the school in New York City. Id. ¶ 57. At that session, admissions staff assured the attendees that there would be medical facilities and treatment available for students at the Grenada campus. Id. De Lucia was also provided a publication entitled " St. George's University School of Medicine; Think Beyond; 2005-2006." Id. ¶ 58. Under the heading " University Health Services," it states:

University Health Services (UHS) maintains modern clinic facilities with scheduled and walk-in hours from 9:00 am to 4:30 pm, Monday through Friday. Additionally, there is daily 24-hour coverage by well-credentialed physicians and physician assistants to provide students with emergency care when the clinic is closed. Medical emergencies in Grenada are referred to Grenada General Hospital or St. Augustine Clinic. . . . University Health Services facilitates with air evacuation, if indicated, on both campuses.

Id. ¶ 58.

In January 2007, De Lucia received a letter from St. George's, offering him admission for the 2007/2008 school year. Id. ¶ 59. Enclosed with the letter was a " Student Support Services" handbook from the Office of the Dean of Students, which stated: " The Office of the Dean of Students advocates on behalf of students to help you make the best use of the services available both on and off campus. Any student with mental or physical disabilities is provided a wide range of support services." Id. The handbook also stated, under the heading " University Health Services" :

St. George's University Health Services (UHS) provides the University community with an outpatient clinic and easy-access healthcare. . . . In addition to the regular clinic hours . . . UHS provides emergency medical services 24 hours a day, 7 days a ...

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