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Chiles v. D & J Serv., Inc., 2006 NY Slip Op 8333 (N.Y. App. Div. 2006)

Summary judgment for nursing home was affirmed. Plaintiff was left alone by independent contractor ambulance driver when the driver escorted another patient to her residence. When driver returned, resident was missing, having wandered off. Resident was found 3 days later, having died from hypothermia. Nursing home could not be held vicariously responsible for independent contractor’s action when nursing home did not control him and the activity was not inherently dangerous. There was no non-delegable duty involved.

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