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F.A.O v. Care Station Physicians

June 26, 2012

F.A.O., PLAINTIFF-APPELLANT,
v.
CARE STATION PHYSICIANS, P.A. T/A CARE STATION II,*FN1 DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Docket No. L-1802-11.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued June 6, 2012

Before Judges Graves, J. N. Harris, and Koblitz.

Plaintiff F.A.O. appeals from an order granting defendant's motion for summary judgment dated October 17, 2011, and a subsequent order denying her motion for reconsideration dated December 2, 2011. For the reasons that follow, we affirm.

Plaintiff is a divorced, single parent of two children and a resident of Staten Island, New York. Her older child is now sixteen, and her younger child is fourteen. Plaintiff was previously employed as a customer service representative for Hertz Rent-A-Car at Newark International Airport.

As indicated in a psychiatric evaluation prepared by Dr. Joel A. Idowu, M.D., on October 10, 2008, plaintiff expressed "delusional thinking" in a letter dated January 22, 2008, sent to the principal of her older son's school:

She wrote that Hertz Rental Company has investigated her since 2002 and "[has] also involved the FBI and Secret Service" and "[they are] now using the modern day technology to terrorize me." She wrote . . . "my heart started to palpitate real fast and my blood started to flow very fast down my veins that I could feel it[."] She claimed in the letter that her car was damaged and that her son's toothpaste was laced with something that caused him to bleed.

She further wrote "I am writing so that you are aware that there is nothing ordinary about what has been going on around me. If anything should happen to [my son] in school, I want you to understand that it is not ordinary or coincidental, it is handiwork of [the] FBI Secret Service and the Hertz Corporation. They have nothing to prosecute me on and [their actions] have resulted [in] these harassments, brutality, framing, poisoning and serious invasion[."]

The letter was referred to the Administration for Children's Services (ACS), New York City's child protection agency, and plaintiff was evaluated at Richmond University Medical Center on Long Island. Following her evaluation, plaintiff participated in mental health counseling from January 31, 2008 through March 14, 2008. According to plaintiff's discharge summary, her ACS worker agreed that plaintiff's case should be closed because she did not represent a danger to herself or her children.

Plaintiff was a patient of Care Station II in Springfield, New Jersey, and a Care Station II physician saw plaintiff and her children on June 19, 2008. That same day, Ms. Laura Galloway, a physician's assistant employed by Care Station II, telephoned New York State's Office of Children and Family Services (Children Services) to express her concern for the safety of plaintiff's children. According to the intake report prepared by Children Services, Galloway provided the following information:

The mother suffers from hallucinations and is delusional. The mother believes her children's skin is getting darker each day due to ...


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