The plaintiff was in need of emergency medical treatment after a snowstorm. The plaintiff’s estate filed a complaint claiming the plaintiff suffered a wrongful death and it sought damages. This death was allegedly caused due to the fact that New York City did not adequately remove snow from the streets. In turn, the ambulance took too long to arrive to save the plaintiff’s life.

The defendant, New York City, wanted to have the plaintiff’s complaint dismissed. The judge ruled that “governmental immunity did not apply,” according to the New York Law Journal in a December 13, 2012 article, after noting that the city was responsible for maintaining its streets.

The judge wrote that the plaintiff’s claim did prove that the defendants did not deliver on its emergency services obligation, which included city ambulance services. However, the judge also decided that the plaintiff’s claim was not entirely sound because it did not depend entirely on the use of the roads. For that reason, the judge granted the defendant’s motion to dismiss the plaintiff’s complaint.

We at the law offices of Jayson Lutzky, P.C. can provide you with the information you need on what your options are if you or loved one has been injured due to an accident, and how this can affect the outcome of an accident case. If you have been injured in an accident case and you are in need of legal advice, please feel free to call us at 1-800-660-5299 to arrange a free initial in person consultation or visit our website