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Douglas Kennedy, Wife, Sue Hospital, Nurses

The lawsuit, dated Jan. 4, includes 17 counts, ranging from defamation, to negligence and infliction of emotion distressed. In the suit, Molly Kennedy claims that Northern Westchester Hospital personnel harassed her.

Douglas Kennedy and his wife Molly are fighting back against the Northern Westchester Hospital nurses who claimed that he injured them as he moved his newborn son, Bo from the maternity ward last January. They are also suing the hospital itself.

In a 45-page complaint dated Jan. 4, the Kennedys have 17 causes of action, which include defamation, negligence, intentional infliction of emotional distress, assault, malicious prosecution, breach of confidentiality and deprivation by the hospital of due process rights under the 14th Amendment to the Constitution.

The Kennedys, who are Chappaqua residents, are seeking an unspecified amount in damages, including punitive damages, along with legal costs. They have retained a new law firm for the case, Douglas & London, PC.

The lawsuit, including counter-claims against the nurses, comes a month and a half after the nurses filed their own lawsuit  against him, and nearly two months after he was acquitted in a bench criminal trial  in Mount Kisco related to the matter.

Gary Douglas, a lawyer for the Kennedys, told Patch that they are prepared to aggressively defend against "a frivolous lawsuit" brought by Lane and Luciano. For the counter action, Douglas described the new lawsuit as being "about principals," arguing that people who not be allowed to "burden" the legal system with false claims.

The complaint is long on details for the claims.

In his cause of action for assault, Douglas Kennedy, who was accused of intentionally kicking nurse Cari Luciano when they were by a stairwell as she reached to grab his baby, in turn claims that she "aggressively lunged" towards Kennedy in trying to remove the baby and caused each of them to fall to the ground. It adds that Luciano was there "with her arms extended in an aggressive posture causing a forceful and violent encounter" with the plaintiff.

Kennedy's legal counsel argued during a trial involving the alleged incident that his instinctively pushed her away, rather than intentionally kicking her, to protect Bo.

Molly Kennedy, in the complaint, is suing Luciano, fellow nurse Anna Lane and NWH for intentional infliction of emotional distress; the nurses are named because of the alleged scuffled involving them and her husband, and the hospital because it is their employer. She is also suing NWH under another claim of distress, one in which they are claimed to be directly liable, and claims that an employee told her later on during the night of the alleged incident, that Douglas Kennedy would be arrested if he returned, and that she was being harassed because she was told that her son could not leave NWH after his medical discharge because of a child protective services investigation. Douglas Kennedy was later cleared of wrongdoing by CPS.

Newly Public Claims Are Included in the Lawsuit

Molly Kennedy, who did not testify during the trial last fall, adds newly public information to the lawsuit with her allegations against NWH. The new claims include Marla Koroly, the hospital's chief medical officer, stating that Luciano should not have place her hands on Douglas Kennedy, and that Lane should not have tried to stop him from exiting.

The nurses, along with the Westchester County District's Attorney's office, argued that Kennedy's conduct in his desire to take his son outside for fresh air went against the hospital's policy of patient removal. Kennedy's legal team argued that NWH has no specific policy for a father who would want to take his son outside for air, a matter that Mount Kisco Judge John Donohue agreed with in his acquittal ruling for the criminal trial.

In the suit, Molly Kennedy also stated that she told her patient advocate, more than four hours after the alleged incident, that she wanted to leave "because of her perceived harassment and intimidation" by hospital staff. The request was denied, she claims, adding in the suit that she told the patient advocated "that she felt like a prisoner being held against her will."

Media Statements, Release of Security Footage, Play Major Parts

In his defamation claims, Douglas Kennedy took issue with the nurses' public claims in early 2012, including statements made to Mount Kisco Police and a March 1, 2012 interview they gave on NBC's The Today Show, occasions in which they gave summaries of their accusations against him.

Also named as a defendant is Luciano's spouse, Steve Luciano, for giving two interviews to The Daily News in which he recapitulated the nurses' claims, which were that Kennedy twisted Lane's arm and intentionally kicked Luciano; Kennedy denies both accusations.

NWH, due to its employment of Lane and Luciano, is also listed as a defendant for defamation.

Molly Kennedy is suing NWH for negligence and breach of confidentiality because of information about the alleged incident, including security camera footage of Kennedy and Lane by an elevator becoming public. The claim is that Cari Luciano, Steve Luciano and Elliot Taub, the nurses' attorney, improperly obtained the information.

Meanwhile, Douglas Kennedy alleges, in the suit, that the nurses engaged in "malicious prosecution," while both Kennedys claim that NWH engaged in negligent hiring, training and supervision of personnel.

Check back for updates to this story.

virginia January 08, 2013 at 10:11 PM
Assalting a nurse on duty is a felony & Kennedy should have been so charged. The Kennedy clan have disgraced their family name
Michael Counihan January 09, 2013 at 01:51 PM
Somebody should remind the Kennedys that the US is a republic and we have no royal family. How dare they clog up the courts with their nonsense.
Mario A. Zeoli January 09, 2013 at 05:31 PM
Before everybody starts playing "MONDAY NIGHT QUARTERBACK" of what should be done, maybe we should wait to see ALL THE FACTS be gathered. Thats what the Court Systems are for. I was involved in an incident back in August where someone blocked Me in with his truck, cursed Me out because he said My radio was to loud in My Car, & than told Me not Once, but TWICE that he was going to $*#/ING KILL ME!! I AM LICENSED & PRIVILEGED to carry a firearm. What do You People Think I Did? On Top of that, I'M A RETIRED N.Y.C. POLICE OFFICER & A FIRST RESPONDED TO THE WORLD TRADE CENTER & SPENT 8 MONTHS IN THAT TRAGEDY!! Than of course I end up in The Brewster Patch for that incident & people making comments that they should take all My Guns Away. For Real? Who are You To Be Judge & Jury? Who curses, screams, be littles someone, degrades them in public & threatens THEIR LIFE OVER A RADIO? I CAN'T WAIT TO HAVE MY DAY IN COURT! THAT CAMERA VIDEO IS GOING TO SHOW A LOT!!!
Mario A. Zeoli January 09, 2013 at 05:55 PM
And the gentleman who said, "Lucky I Was In Good Mood", your right Sir, I Was In A Good Mood & I Was In Control of My Ability To Evaluate Of What Was Going On. A unstable person THREATING MY LIFE FOR NO GOOD REASON!!! With 20 Years of EXPERIENCE WITH "THE BEST POLICE DEPARTMENT IN THE WORLD" I THINK I COULD REASON WHEN I SHOULD PRODUCE MY FIREARM TO PROTECT MYSELF, MY NEIGHBORS, MY FELLOW MAN & WOMAN. WHAT IF HE WAS ONE OF THOSE PERSONS LIKE "THE SANDY SCHOOL INCIDENT"? WOULDN'T YOU WANTED ME TO BE THERE? I'M SURE YOU WOULD! SO BEFORE YOU PEOPLE START COMMENTING LIKE, "THEY SHOULD TAKE HIS GUNS AWAY, GUNS ARE NOT TO BE USED LIKE THAT, BLA, BLA, BLA,!! THEY ARE USED TO PROTECT ONES SELF AGAINST SOME REALLY BAD PEOPLE IN THIS WORLD. I WISH ALL OF YOU CAN SEE THE VIDEO THE DAY OF MY INCIDENT. THAN YOU CAN SEE FOR YOURSELVES WHY I DEFENDED MYSELF!!
Mario A. Zeoli January 09, 2013 at 06:23 PM
I WISH I ONLY HAD A WITNESS WHO SAW THIS INCIDENT DEVELOPE TO STAND BY MY SIDE. THANK YOU.
Joan January 11, 2013 at 04:17 PM
And what does your rant have to do with the Kennedy lawsuit?
Mario A. Zeoli January 16, 2013 at 04:30 PM
Let the COURTS DECIDE JOAN. NOT FOR EVERYONE WHO WASN'T THERE.

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