Glixon v Highland Care Center, Inc.
Attorneys and Parties
Brief Summary
A nursing home wrongful-death and negligence case arising from a resident's COVID-19 infection, focused on whether the facility was immune under the Emergency or Disaster Treatment Protection Act (EDTPA) (Public Health Law former art 30-D, §§ 3080-3082 [COVID-19-era immunity for health care facilities and professionals providing covered health care services in good faith, subject to a gross-negligence exception]).
The Supreme Court, Queens County, denied Highland Care Center, Inc.'s motion to dismiss under CPLR 3211(a)(7) [motion to dismiss for failure to state a cause of action] and later denied its motion for leave to renew and reargue.
The Appellate Division reversed the May 6, 2024 order and granted dismissal of the complaint insofar as asserted against Highland Care Center, Inc.; it also dismissed the appeal from the denial of reargument and denied as academic the appeal from the denial of renewal.
The defendant's submissions conclusively established that the care at issue fell within EDTPA immunity because it was provided pursuant to COVID-19 emergency rules or otherwise in accordance with law, was impacted by pandemic-response decisions in support of State directives, and was provided in good faith. The complaint and opposition papers did not allege fact-specific gross negligence sufficient to invoke the statutory exception.
Background
In April 2022, Scott Glixon, as administrator of the estate of Alan G. Glixon, sued Highland Care Center, Inc. and others for, among other things, violation of Public Health Law § 2801-d, negligence, gross negligence, and wrongful death. The plaintiff alleged that the decedent contracted COVID-19 while residing at Highland's nursing home and died on April 10, 2020. Highland moved to dismiss under CPLR 3211(a)(7) [motion to dismiss for failure to state a cause of action], arguing that it was immune from liability under the Emergency or Disaster Treatment Protection Act (EDTPA).
Lower Court Decision
The Supreme Court denied Highland's motion to dismiss in an order entered May 6, 2024. It later denied Highland's motion for leave to renew and reargue in an order entered January 13, 2025.
Appellate Division Reversal
The Appellate Division held that Highland should have been granted dismissal based on EDTPA immunity. Relying on the complaint, the decedent's medical records, the facility's COVID-19 protocols, and an affidavit from Highland's chief nursing officer, the court found that Highland conclusively showed the statutory prerequisites for immunity. The court further held that the complaint's gross-negligence allegations were merely conclusory and lacked factual specificity. Accordingly, it reversed the May 6, 2024 order and granted Highland's motion to dismiss. The appeal from the denial of reargument was dismissed because no appeal lies from an order denying reargument, and the appeal from the denial of renewal was denied as academic.
Legal Significance
The decision reinforces that EDTPA immunity can support dismissal at the pleading stage when a health care defendant submits documentary and affidavit evidence showing that the challenged conduct occurred while providing covered health care services during the COVID-19 emergency, in good faith, and in response to pandemic-related directives. It also confirms that a plaintiff must plead concrete, nonconclusory facts to fit within the gross-negligence exception in Public Health Law former § 3082(2).
For COVID-19-era claims against nursing homes, broad negligence and wrongful-death allegations will not survive if the defendant can demonstrate EDTPA immunity and the plaintiff cannot allege specific facts showing gross negligence.