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

CMS Announces Nursing Home Minimum Staffing Rule

On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final…

1 week ago

Dementia alone does not prevent someone from executing a valid Will

In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment…

2 weeks ago

Caveator deprived herself of standing by withdrawing her challenge to Will

On February 21, 2024, the Georgia Court of Appeals decided the case of In Re…

2 weeks ago

Social Security Revises Policy on Recoverying Overpayments

The Social Security Administration pays various benefits including retirement benefits, disability benefits and Supplemental Security…

2 weeks ago

Updated Georgia Penalty Divisor Effective April 1, 2024

Effective April 1, 2024, the statewide averaged nursing facility private pay rate used in determining…

2 weeks ago