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QUESTION OF FACT WHETHER THE “DANGER INVITES RESCUE” DOCTRINE APPLIED; PLAINTIFF ALLEGEDLY HURT HER BACK TRYING TO PREVENT A PATIENT FROM FALLING WHEN DEFENDANT’S EMPLOYEE IMPROPERLY USED A HOYER LIFT TO TRANSFER THE PATIENT FROM A WHEEL CHAIR TO A BED (FOURTH DEPT).

The Fourth Department, reversing (modifying) Supreme Court, determined there was a question of fact whether the “danger invites rescue” doctrine applied. One of defendant’s employees tried to use a Hoyer lift to transfer the patient plaintiff was accompanying from a wheel chair to a bed. The lift began to tip over and plaintiff allegedly hurt her back trying to prevent the patient from falling:

… [T]he court erred in granting the motion with respect to the claim for negligence based on the “danger invites rescue” doctrine (rescue doctrine) … , and we therefore modify the order accordingly. That “doctrine imposes liability upon a party who, by his [or her] culpable act has placed another person in a position of imminent peril which invites a third person, the rescuing plaintiff, to come to his [or her] aid’ ” … , on the ground that “[t]he wrong that [*2]imperils life is a wrong to the imperilled victim . . . [and] also to his [or her] rescuer” … . For the rescue doctrine to apply, “it is sufficient that [the] plaintiff held a reasonable belief of imminent peril of serious injury to another, and it matters not that the peril feared did not materialize” … .

Here, in support of its motion, defendant submitted, inter alia, plaintiff’s deposition testimony wherein she testified that she informed defendant’s employee that two people were needed to move the patient onto the bed using the Hoyer lift, but the employee insisted on using the lift alone and did so in a manner that caused the lift to tilt which, in turn, caused the patient to begin to fall off of it. We conclude that the evidence submitted by defendant in support of its motion failed to establish that “plaintiff’s rescue efforts were unreasonable as a matter of law or that plaintiff’s actions were so rash under the circumstances as to constitute an intervening and superseding cause’ of [her] alleged injuries” … . Payne v Rome Mem. Hosp., 2019 NY Slip Op 08024, Fourth Dept 11-8-19

 

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