The plaintiff was in need of emergency medical treatment after a snowstorm. The plaintiffâ€™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 plaintiffâ€™s life.
The defendant, New York City, wanted to have the plaintiffâ€™s complaint dismissed. The judge ruled that â€œgovernmental immunity did not apply,â€ 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 plaintiffâ€™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 plaintiffâ€™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 defendantâ€™s motion to dismiss the plaintiffâ€™s complaint.
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