In May 2015 she passed away, and her former caretaker, and eventual executor of her estate, commenced a lawsuit against entities including PC for claims alleging negligence and inadequate treatment (as it was claimed that the March 2015 fall at PC ultimately resulted in her mother's passing). In response to this lawsuit, however, PC sued the executor plaintiff for indemnification and contribution, alleging that negligent supervision of the former caretaker/executor's mother and failing to follow PC's discharge instructions resulted in the plaintiff's fatal injuries.
The lower court granted PC's motion, but the Appellate Division, Second Department reversed, thereby dismissing PC's action, and holding, among other things, the following: "The defendant [PC] would impose a new duty on those who live with infirm individuals 'to use reasonable care' and 'be liable for harm caused by the failure to use reasonable care by affirmative act or omission'...A lower court has recognized such a duty, but would define it as a duty owned by 'a child who assumes responsibility for the care of a parent who is limited by age or illness, or both'...The imposition of such an obligation carriers with it public policy considerations of possible negative consequences, such such a general obligation could discourage persons from residing with the infirm, discourage children and inform parents from living together, and discourage the infirm from attempting to resume independent living...The circumstances alleged here 'provide no justification for creating' such a duty...."
Salvatore R. Marino, Esq.
