You are here: / / Question of Fact Whether Defendants Assumed a Duty of Reasonable Care When...

Question of Fact Whether Defendants Assumed a Duty of Reasonable Care When Escorting Elderly Plaintiff to His Car at Night

The Third Department determined a question of fact had been raised about whether defendants assumed a duty of reasonable care when escorting the elderly plaintiff to his car at night.  Plaintiff tripped and fell while being escorted by a hospital security guard after plaintiff had been treated at the hospital.  Plaintiff asked for the escort:

Plaintiffs did …raise a factual issue as to whether defendants assumed a duty of reasonable care regarding the escort provided. Under the assumed duty theory, “the question is whether defendant[s’] conduct placed plaintiff in a more vulnerable position than plaintiff would have been in had defendant[s] done nothing” … . While there was conflicting proof, on this cross motion by defendants for summary judgment we “must view the evidence in a light most favorable to the nonmoving party and accord that party the benefit of every reasonable inference from the record proof” … . Plaintiff characterized the lighting conditions when he was ready to leave the emergency room as “pitch black,” prompting him to ask for assistance. The security guard who was summoned had previously escorted people from the emergency room to off-premises parking and thus was familiar with conditions in the area. Plaintiff kept a hand on his wife’s shoulder as they walked assisting his stability. Although the security guard had a flashlight, he did not turn it on and did not walk next to plaintiffs. Plaintiff recalled that, just before he fell, he stated to the security guard that he could barely see because of the darkness, but the guard made a gesture ostensibly indicating that it was safe to proceed and, as plaintiff did so, he immediately stepped into the crack or depression and fell. Accepting such proof and the reasonable inferences therefrom, a jury could conclude that plaintiff would have proceeded more cautiously had he not relied on an individual familiar with the area who apparently gestured for him to continue despite the poor visibility … . Giglio v Saratoga Care Inc, 2014 NY Slip Op 02994, 3rd Dept 5-1-14

 

You might also like
COUNTY COURT DID NOT HAVE THE AUTHORITY TO REQUIRE DEFENDANT TO PAY COSTS ASSOCIATED WITH AN ALCOHOL-MONITORING BRACELET.
CLAIMANT, WHO WAS ON THE JOB OUT-OF-TOWN, WAS INJURED IN A TRAFFIC ACCIDENT WHILE DRIVING FROM HIS HOTEL TO WHERE THE EMPLOYEES PICKED UP THEIR TRUCKS; CLAIMANT WAS ENTITLED TO WORKERS’ COMPENSATION BENEFITS UNDER THE TRAVELING EMPLOYEE EXCEPTION (THIRD DEPT).
Involuntary Retention Appropriate—Respondent Suffered from Developmental Disability Which Originated Before the Age of 22
MOTION TO VACATE THE CONVICTION, ALLEGING DEFENSE COUNSEL’S FAILURE TO INVESTIGATE, SHOULD NOT HAVE BEEN DENIED WITHOUT A HEARING 3RD DEPT.
THE EVIDENCE DID NOT SUPPORT THE GROUND FOR SUPPRESSION OF A SHOTGUN AND SHOTGUN SHELL RELIED ON BY COUNTY COURT; ALTHOUGH THE PEOPLE RAISED OTHER GROUNDS FOR JUSTIFICATION OF THE SEARCH AND SEIZURE, THOSE GROUNDS CANNOT BE ADDRESSED ON APPEAL BECAUSE COUNTY COURT DID NOT RULE ON THEM; MATTER REMITTED FOR CONSIDERATION OF THE PEOPLE’S OTHER ARGUMENTS (THIRD DEPT).
RECORDED PHONE CONVERSATION WITH INSURER PROTECTED AS A STATEMENT PREPARED FOR LITIGATION.
Prisoner Must Object at Hearing to Obtain Judicial Review
No Contest Clause Was Not Triggered by Offering Will for Probate or Questioning Actions of Named Executor(s)

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

241 (6) Cause of Action Improperly Dismissed—Plaintiff Tripped on Piece... Preliminary Injunction Prohibiting the Levying of Deficit Assessments by the...