Posted on Saturday, December 10th, 2016 at 1:36 pm
The New York Supreme Court Appellate Division dismissed a personal injury lawsuit on Tuesday, December 6, against elderly care transportation provider Senior Care Emergency Medical Services and its associated entity, Senior Ride, ruling that the companies did not possess any reason to have knowledge that a driver employed with them would hurt a patient.
Reversing a lower court’s ruling, the appeals court nixed the lawsuit lodged by plaintiff Holly Shiebl, who claimed that a driver for Senior Care physically assaulted her in an elevator at New York Presbyterian Hospital, noting, “The affidavits of both managers from both companies and the personnel file established that, at most, the employee had been disciplined in the past for rudeness and verbal abuse toward clients, and the companies had no notice of any physically violent propensities.”
Senior Care made the argument that they did not actually employ the driver and that the driver was actually employed by Senior Ride; Senior Care also contended that they are a totally different company from Senior Ride.
Please call our New York City personal injury attorneys at Hach & Rose, LLP by dialing (212) 779-0057 or fill out our online contact form today to speak with a qualified member of our legal team. We handle cases in nursing home abuse as well as other areas of personal injury.