Cases

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.

Published by
David McGuffey

Recent Posts

Medicaid Estate Recovery – 50 States

The Estate Recovery Rules vary from State to State. The federal minimum requires states to…

3 days ago

Rights of the ward; impact on voting and testamentary capacity; O.C.G.A. § 29-4-20

Georgia Guardianship law presupposes that the guardian must act in the best interests of the…

1 week ago

Georgia Medicaid Applicants No Longer Required to Apply for Other Benefits

Medicaid is the payer of last resort so applicants have, historically, been required to apply…

2 weeks ago

2026 Community Spouse Income and Resource Allowances

Effective January 1, 2026, the Community Spouse Resource Allowance will increase to $162,660.00. The combined…

2 weeks ago

Temporary medical consent guardianship; O.C.G.A. § 29-4-18

In some cases, no one can be found who will consent to medical procedures for…

2 weeks ago

Conduct of emergency guardianship hearing; limitations on emergency guardianship; O.C.G.A. § 29-4-16

If an emergency guardianship is warranted, O.C.G.A. § 29-4-16 sets the requirements for how the…

2 weeks ago