Brian Vassel v. Deanna Damato

── Brian Vassel v. Deanna Damato ── Court: New Jersey Superior Court Appellate Division Date: May 15, 2026 Category: General RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2761-24 BRIAN VASSEL, Plaintiff-Appellant, v. DEANNA DAMATO, LAUREN O'HALLORAN, and JILLIAN CARLTON, Defendants-Respondents. __________________________ Submitted April 22, 2026 – Decided May 15, 2026 Before Judges Berdote Byrne and Jablonski. On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket No. L-3314-24. Brian Vassel, self-represented appellant. Ronan Tuzzio & Giannone, PA, attorneys for respondents (Robert G. Maglio, of counsel and on the brief). PER CURIAM  Plaintiff Brian Vassel appeals from the March 14, 2025 order dismissing his complaint with prejudice against defendants Deanna Damato, Lauren O'Halloran, and Jillian Carlton, employees of Community Medical Center (CMC). After careful consideration, we affirm. Because this action arises from the same facts as plaintiff's prior action against CMC, the entire controversy doctrine bars his claims against the individual employees. I. On December 21, 2022, plaintiff's minor daughter was admitted to CMC's emergency room in Toms River, where defendants and other hospital staff evaluated her. Following the evaluation, staff contacted the Division of Child Protection and Permanency (DCPP) to report suspected child abuse. After DCPP responded, CMC discharged plaintiff's daughter to her aunts, who transported her to the home of her paternal grandparents. Plaintiff alleges he was not permitted to leave the hospital with his daughter and was escorted out of the hospital by security staff. On May 31, 2023, prior to filing the complaint at issue in this appeal, plaintiff filed a complaint against CMC. The complaint alleged CMC staff had "endangered the welfare of the child," "impeded parental custody," falsely imprisoned his daughter, and facilitated "first degree[] kidnapping" by releasing A-2761-24 2 his daughter to individuals without custodial rights. The complaint further alleged CMC staff "falsified documents" to conceal their actions. Plaintiff sought $9,432,950 in damages for emotional distress and trauma to his daughter, her parents, and grandparents. CMC moved for summary judgment, and a hearing took place on December 6, 2024. At the hearing, the parties disputed what, if anything, DCPP directed CMC staff to do regarding plaintiff's daughter's discharge. CMC argued DCPP had established a safety plan directing she not be alone with her father until DCPP could come to the grandparents' home to complete its investigation, and she was to be discharged to the grandparents' home. CMC pointed to notations in the emergency department chart, which documented multiple conversations with DCPP and the safety plan. Plaintiff contended DCPP never directed CMC staff to release his daughter to anyone and the staff acted on their own authority in doing so. In support, plaintiff submitted an email from DCPP to him, which stated: "Upon review, there was no documentation to support [DCPP] taking custody, ordering custody, or giving custody of your daughter t