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ESX-L-005607-23 10/24/2023 3:06:13PM Pglof4 Trans ID: LCV20233200046
JOHN J. SCURA III, ESQ.
(ATTORNEY ID 0227711993)
SCURA, WIGFIELD, HEYER, STEVENS &
CAMMAROTA, LLP
1599 HAMBURG TURNPIKE
WAYNE, NJ 07470
Tel: (973)696-8391
Fax: (973) 696-8571
Attomeys for Plaintiff
NICHOLAS A. PAGLIARA, ESQ.
(Attorney ID: 054712014)
PAGLIARA LAW GROUP, P.A.
939 JFK Blvd. East Ste. 2
Weehawken, NJ 07086
Tel: (201) 470-4181
Attorneys for Plaintiff
SUPERIOR COURT OF NEW
THOMASINA R. THORNTON, Guardian Ad JERSEY -- LAW DIVISION -ESSEX
Litem for CRAIG O’RILEY, an incapacitated COUNTY
person,
Docket No.: ESX-L-005607-23
Plaintiff,
Vv. AFFIDAVIT OF MERIT
STATE OF NEW JERSEY, UNIVERSITY
HOSPITAL, RUTGERS UNIVERSITY,
UNIVERSAL PROTECTION SERVICE, LLC
d/b/a ALLIED UNIVERSAL SECURITY
SERVICES, JOHN DOES 1-100 (fictitious
defendants), ABC CORPORATIONS 1-100
(fictitious defendants),
Defendants.
I, Thomas Bojko, M.D., M.S., J.D., of full age and duly sworn according to law, upon
her oath, deposes and says:
ESX-L-005607-23 10/24/2023 3:06:13PM Pg2of4 Trans ID: LCV20233200046
1 1am a board certified physician fully licensed to practice medicine in the States of
New York and New Jersey.
2. Ihave a master’s degree in Healthcare Administration and Policy.
3 I have reviewed the Plaintiff's Complaint, Police Report prepared by Rutgers
University Police Department, and the video of the incident which occurred on September 15,
2021 concerning the brutal attacks on Craig O’Riley by the agents/employees of University
Hospital, Rutgers University, and the State of New Jersey who were responsible for the medical
and psychiatric care of Plaintiff.
4. I have particular expertise in the areas of healthcare administration, including but
not limited to, the actions and forms of mistreatment by Defendants which forms the basis of the
Plaintiff's Complaint.
5 On or about September 14, 2021, Plaintiff was admitted to defendant University
Hospital for mental health treatment.
6. While a patient at University Hospital, on September 15, 2020, Plaintiff was
brutally and repeatedly assaulted by an agent/employee of University Hospital, Rutgers
University and/or the State of New Jersey. The University Hospital, Rutgers University, and/or
the State of New Jersey agent/employee was assisted in his attack by an agent/employee of
Universal Protection Service, LLC. Defendants failed to take adequate steps as to security
precautions to prevent situations such as this from happening where an employee could be left
alone with a patient for a long period of time enabling them to attack a patient continuously
throughout the night and early morning on the day of the incident. The security company at
University Hospital that night was defendant Universal Protection Service, LLC D/B/A Allied
2
ESX-L-005607-23 10/24/2023 3:06:13PM Pg3o0f4 Trans ID: LCV20233200046
Universal Security Services. All named Defendants breached their duty of care and deviated
from the standard of care in failing to enforce minimal basic safety and security protocols in
place that would have prevented this incident with respect to Mr. O’Riley.
7 Defendants failed to enforce adequate security at the place and time of attack and
as a direct result of the failure, Plaintiff allegedly suffered from physical and mental injuries due
to being attacked.
8 Following Plaintiff's admission to University Hospital, Rutgers University, the
Sttate of New Jersey, and Universal Protection Service, LLC D/B/A Allied Universal Security
Services, their agents, servants, and/or employees, including, but not limited to the staff, failed to
provide the standard of care of similar acute care facilitics/hospitals provide, resulting in a level
of improper care which caused Mr. O’Riley to allegedly suffer permanent physical and
psychiatric injuries.
9, Based upon my review, it is my professional opinion that there exists a reasonable
probability that the care, skill or knowledge exercised or exhibited by the Defendants in the
treatment, practice or work that is the subject of the Complaint in the matter of Thomasina R.
Thornton v. State of New Jersey, University Hospital, Rutgers University, Universal Protection
Service LLC d/b/a Allied Universal Security Services, John Does 1-100 and ABC Corporations
1-100 was a deviation from, and fell outside of, acceptable, professional practices, by all named
Defendants above in the care of Mr. O’Riley. Discovery has yet to be provided by all named
Defendants and these opinions may be bolstered further by the review of that discovery in this
matter.
ESX-L-005607-23 10/24/2023 3:06:13PM Pg4of4 Trans ID: LCV20233200046
10. The above is not intended to be my entire opinion in this matter. The above is
merely intended to be certain minimal information as required by the Affidavit of Merit Statute.
ll. Ihave no financial interest in the outcome of the case under review.
Thereby certify that the foregoing statements made by me are true. | am aware that if any
of the foregoing statements made by me are willfully false, [ am subject to punishment.
Thomas Bojko, M.D., M.S., J.D.
Sworn to and Subscribed before me
this 24th day of October, 2023
\
br
Kelly A. Krail, Esq.
New Jersey Attorney at Law
License #010842006
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ESX-L-005607-23 10/24/2023 3:06:13PM Pglof4 Trans ID: LCV20233200046 JOHN J. SCURA III, ESQ. (ATTORNEY ID 0227711993) SCURA, WIGFIELD, HEYER, STEVENS & CAMMAROTA, LLP 1599 HAMBURG TURNPIKE WAYNE, NJ 07470 Tel: (973)696-8391 Fax: (973) 696-8571 Attomeys for Plaintiff NICHOLAS A. PAGLIARA, ESQ. (Attorney ID: 054712014) PAGLIARA LAW GROUP, P.A. 939 JFK Blvd. East Ste. 2 Weehawken, NJ 07086 Tel: (201) 470-4181 Attorneys for Plaintiff SUPERIOR COURT OF NEW THOMASINA R. THORNTON, Guardian Ad JERSEY -- LAW DIVISION -ESSEX Litem for CRAIG O’RILEY, an incapacitated COUNTY person, Docket No.: ESX-L-005607-23 Plaintiff, Vv. AFFIDAVIT OF MERIT STATE OF NEW JERSEY, UNIVERSITY HOSPITAL, RUTGERS UNIVERSITY, UNIVERSAL PROTECTION SERVICE, LLC d/b/a ALLIED UNIVERSAL SECURITY SERVICES, JOHN DOES 1-100 (fictitious defendants), ABC CORPORATIONS 1-100 (fictitious defendants), Defendants. I, Thomas Bojko, M.D., M.S., J.D., of full age and duly sworn according to law, upon her oath, deposes and says: ESX-L-005607-23 10/24/2023 3:06:13PM Pg2of4 Trans ID: LCV20233200046 1 1am a board certified physician fully licensed to practice medicine in the States of New York and New Jersey. 2. Ihave a master’s degree in Healthcare Administration and Policy. 3 I have reviewed the Plaintiff's Complaint, Police Report prepared by Rutgers University Police Department, and the video of the incident which occurred on September 15, 2021 concerning the brutal attacks on Craig O’Riley by the agents/employees of University Hospital, Rutgers University, and the State of New Jersey who were responsible for the medical and psychiatric care of Plaintiff. 4. I have particular expertise in the areas of healthcare administration, including but not limited to, the actions and forms of mistreatment by Defendants which forms the basis of the Plaintiff's Complaint. 5 On or about September 14, 2021, Plaintiff was admitted to defendant University Hospital for mental health treatment. 6. While a patient at University Hospital, on September 15, 2020, Plaintiff was brutally and repeatedly assaulted by an agent/employee of University Hospital, Rutgers University and/or the State of New Jersey. The University Hospital, Rutgers University, and/or the State of New Jersey agent/employee was assisted in his attack by an agent/employee of Universal Protection Service, LLC. Defendants failed to take adequate steps as to security precautions to prevent situations such as this from happening where an employee could be left alone with a patient for a long period of time enabling them to attack a patient continuously throughout the night and early morning on the day of the incident. The security company at University Hospital that night was defendant Universal Protection Service, LLC D/B/A Allied 2 ESX-L-005607-23 10/24/2023 3:06:13PM Pg3o0f4 Trans ID: LCV20233200046 Universal Security Services. All named Defendants breached their duty of care and deviated from the standard of care in failing to enforce minimal basic safety and security protocols in place that would have prevented this incident with respect to Mr. O’Riley. 7 Defendants failed to enforce adequate security at the place and time of attack and as a direct result of the failure, Plaintiff allegedly suffered from physical and mental injuries due to being attacked. 8 Following Plaintiff's admission to University Hospital, Rutgers University, the Sttate of New Jersey, and Universal Protection Service, LLC D/B/A Allied Universal Security Services, their agents, servants, and/or employees, including, but not limited to the staff, failed to provide the standard of care of similar acute care facilitics/hospitals provide, resulting in a level of improper care which caused Mr. O’Riley to allegedly suffer permanent physical and psychiatric injuries. 9, Based upon my review, it is my professional opinion that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited by the Defendants in the treatment, practice or work that is the subject of the Complaint in the matter of Thomasina R. Thornton v. State of New Jersey, University Hospital, Rutgers University, Universal Protection Service LLC d/b/a Allied Universal Security Services, John Does 1-100 and ABC Corporations 1-100 was a deviation from, and fell outside of, acceptable, professional practices, by all named Defendants above in the care of Mr. O’Riley. Discovery has yet to be provided by all named Defendants and these opinions may be bolstered further by the review of that discovery in this matter. ESX-L-005607-23 10/24/2023 3:06:13PM Pg4of4 Trans ID: LCV20233200046 10. The above is not intended to be my entire opinion in this matter. The above is merely intended to be certain minimal information as required by the Affidavit of Merit Statute. ll. Ihave no financial interest in the outcome of the case under review. Thereby certify that the foregoing statements made by me are true. | am aware that if any of the foregoing statements made by me are willfully false, [ am subject to punishment. Thomas Bojko, M.D., M.S., J.D. Sworn to and Subscribed before me this 24th day of October, 2023 \ br Kelly A. Krail, Esq. New Jersey Attorney at Law License #010842006