Let’s go to the tape: NJ Appellate Division rules video dooms nurse’s age claim

The New Jersey Appellate Division recently upheld the dismissal of a 49-year-old nurse’s age discrimination case against St. Peter’s University Hospital. The nurse, who was fired after using force to restrain a hospital patient, claimed the incident was merely a pretext (or cover-up) for age bias, even though the surveillance video demonstrated otherwise.

Facts

Susan Patikowski was a registered nurse working in St. Peter’s University Hospital Emergency Department. On May 28, 2015, a patient was sitting on the floor, refusing to return to her room and yelling loudly at hospital staff and other patients. Patikowski then stepped in to help return the patient to her room. That much was agreed upon by both parties. What happened next was subject to much debate.

Witnesses for the hospital testified Patikowski placed her hands around the patient’s neck to force her to the ground. The nurse initially claimed she never put her hands on the patient’s neck and was only responding to the fact the patient had tried to hit her. Nevertheless, the nurse conceded putting hands on a patient’s neck was against the hospital’s policy and could result in termination.

While a jury might normally have to resolve such a dispute, the hospital provided the court with surveillance footage of the incident. The video (and still images drawn from it) clearly showed Patikowski placed her hands on the patient’s neck and proceeded to take her down to the ground. The video further demonstrated the patient never tried to hit the nurse. Thus, the hospital terminated Patikowski on June 3, 2015.