Carbon Health Sexual Assaults

We have successfully sued and won millions in cases where doctors and health care providers have negligently and sometimes recklessly hired and supervised employees who sexually harassed or assaulted our clients. We know the law and know how to win.

We represent one of the victims of Carbon Health employee Ramon Garcia. If you have been sexually assaulted or harassed by a doctor or health care worker, call us for a free consultation at 610-485-7989. All consultations are free and completely confidential.

As with most of these cases, Carbon Health and its insurance companies will likely deny any responsibility for Mr. Garcia’s conduct. The truth is that these women should never have had to deal with Garcia if Carbon Health had done its job.

Under common law there is a duty to control the conduct of a third party to protect another from harm if the defendant has a “special relationship” with the person causing the harm or the intended victim of harm. Brezenski v. World Truck Transfer, Inc., 755 A.2d 36, 40 (Pa. Super. Ct. 2000). This test is met in our client’s Carbon Health case.

Pennsylvania follows the approach of the Restatement (Second) of Torts in cases that allege negligent retention or supervision of employees. See Dempsey v. Walso Bureau, Inc., 246 A.2d 418, 422 (Pa. 1968). Section 317 of the Restatement (Second) of Torts, creates an exception to the general rule that a person has no duty to control the acts of third parties. It provides that when an employee is on the employer’s premises and the employer knows or should know that he can and should control the actions of the employee, the employer must exercise reasonable care to control his employee “while acting outside the scope of his employment as to prevent him from intentionally harming others or from so conducting himself as to create an unreasonable risk of bodily harm to them.” R. 2d Torts § 317 (emphasis added). In this instance, Carbon Health had a “special relationship” with our client and failed to prevent Mr. Garcia from harming our client.

Under Pennsylvania law, punitive damages may be awarded “when the plaintiff has established that the defendant has acted in an outrageous fashion due to either the defendant’s evil motive or his reckless indifference to the rights of others.” Phillips v. Cricket Lighters, 883 A.2d 439, 445 (Pa. 2005). A plaintiff may be entitled to punitive damages when she adduces evidence showing that “the defendant’s acts amounted to intentional, willful, wanton or reckless conduct.” Id. Reckless indifference is characterized by conduct that “creates an unreasonable risk of physical harm to another [that is] substantially greater than that which is necessary to make his conduct negligent.” Id. The same standard applies for the imposition of punitive damages against a defendant for its agent’s actions. Achey v. Crete Carrier Corp., Civ. A. No. 07-3592, 2009 WL 9083282, at *10 (E.D. Pa. Mar. 30, 2002). Carbon Health is exposed to punitive damages in our case.

“Under Pennsylvania law a principal may be held vicariously liable for the punitive damages of its agents if the actions of the agent were clearly outrageous, were committed during and within the scope of the agent’s duties, and were done with the intent to further the principal’s interests.” Loughman v. Consol-Pennsylvania Coal Co., 6 F.3d 88, 101 (3d Cir. 1993) (citing Delahanty v. First Pa. Bank, N.A., 464 A.2d 1243, 1264 (Pa. Super. Ct. 1983)). Again, Carbon Health is exposed to punitive damages in our client’s case.

Even when the principal has neither directed nor ratified the acts of its agents, a principal may be held vicariously liable for punitive damages. See Shiner v. Moriarty, 706 A.2d 1228, 1240 (Pa. Super. Ct. 1998), appeal denied, 729 A.2d 1130 (Pa. 1998). In this instance, Mr. Garcia’s sexually inappropriate conduct was committed during and within the scope of his duties and Carbon Health may, therefore, be held responsible for punitive damages.

If you have been a victim of sexually inappropriate conduct or touching, call us today to discuss your rights. All calls are completely confidential and there is no obligation beyond that. If we do represent you, we do so without disclosing your identity to the public and we do so on a contingency fee. You maintain your privacy and you pay us nothing unless we obtain compensation for you. Always remember that by holding companies accountable you may prevent others from being harmed.