Landlord Not Responsible for Tenant's Injuries When Gurney Overturned

November 21, 2016

LVT Number: #27328

Tenant sued landlord and Fire Department for negligence. Fire Department volunteers were carrying tenant out of the building on a gurney on the way to the hospital, when the gurney overturned in the driveway. Landlord and the Fire Department both asked the court to dismiss the case without a trial. The court ruled for them. Landlord showed there were no holes in the driveway or height differentials where the driveway met the road. The Fire Department workers also saw no holes. So there was no condition in the driveway that landlord should have been on notice about.

Tenant sued landlord and Fire Department for negligence. Fire Department volunteers were carrying tenant out of the building on a gurney on the way to the hospital, when the gurney overturned in the driveway. Landlord and the Fire Department both asked the court to dismiss the case without a trial. The court ruled for them. Landlord showed there were no holes in the driveway or height differentials where the driveway met the road. The Fire Department workers also saw no holes. So there was no condition in the driveway that landlord should have been on notice about. And the Fire Department paramedics were immune from liability under New York’s Good Samaritan law since there was no showing of gross negligence. The case was dismissed.

 

 

 

La Madrid v. Lindenhurst Fire Department, Inc.: Index No. 12-14541, NYLJ No. 1202770540721 (Sup. Ct. Suffolk; 10/25/16; Santorelli, J)

Topics

More like this