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Featured Case

Question of Fact Whether the “Danger Invites Rescue” Doctrine Applied; Plaintiff Allegedly Hurt Her Back Trying to Prevent a Patient From Falling When Defendant’s Employee Improperly Used a Hoyer Lift to Transfer the Patient From a Wheel Chair to a Bed

The Fourth Department, reversing (modifying) Supreme Court, determined there was a question of fact whether the “danger invites rescue” doctrine applied. One of defendant’s employees tried to use a Hoyer lift to transfer the patient plaintiff was accompanying from a wheel chair to a bed. The lift began to tip over and plaintiff allegedly hurt her back trying to prevent the patient from falling: “For the rescue doctrine to apply, ‘it is sufficient that [the] plaintiff held a reasonable belief of imminent peril of serious injury to another, and it matters not that the peril feared did not materialize’ ... “. Payne v. Rome Mem. Hosp., 2019 N.Y. Slip Op. 08024, Fourth Dept 11-8-19

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.