Summary Judgment Dismissal

Alejandra Gil, a Partner in our White Plains office, recently obtained summary judgment in a negligence action venued in Kings County. Plaintiff was injured when she fell out of her wheelchair while riding in an ambulette. Plaintiff claimed that her fall was due to the negligence of her personal assistant, a co-defendant. Plaintiff further alleged that our client— a Consumer-Directed Personal Assistance Program—was vicariously liable for the personal assistant. We successfully argued that we were not vicariously liable for the co-defendant, who we did not employ, train, or hire. We also established that our client merely facilitated the financial arrangement between plaintiff and her assistant. The court agreed and held that our client owed no duty of care to plaintiff and could not be held vicariously liable for the personal assistant.