This article discusses two recent rulings in New York, the Kowalski decision by the Court of Appeals and the Forcelli decision by the Appellate Division, Second Department. The first determines whether a hospital, via its emergency room personnel, has a duty to retain intoxicated or compromised patients who wish to leave. The second answers whether a litigation settlement is binding when an email containing the material terms lacks a signature by the party to be charged (or his agent) but does furnish the sender's name at the end of the message.
'Kowalski'
An intoxicated man is brought by a friend to a hospital's emergency room and seeks admission to the detoxification facility. His blood alcohol content is extremely high but he is alert and able to walk. He is seen by an emergency room doctor and admitted to the hospital's detox program. Four hours after arriving and while awaiting transport to the detox, the patient removes his IV and tells a nurse he plans to go home in a taxi.
