(DOWNLOAD) "George W. Purdy v. Public Administrator County Westchester" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: George W. Purdy v. Public Administrator County Westchester
- Author : Court of Appeals of New York
- Release Date : January 31, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
[72 N.Y.2d 1 Page 6] Opinion OF THE COURT In November 1979, plaintiff, while a customer at a gas station in Brewster, New York, was struck by
a speeding car that crashed into the gas station and seriously injured him. The car was owned and operated by Emily Shaw,1
who on the date of the accident, was a 73-year-old voluntary resident of the defendant Bethel Methodist Home with a medical
condition that left her susceptible to fainting spells and blackouts. The issue presented on this appeal is whether defendants
Bethel and the facility's admitting physician, Dr. Argenziano, owed to plaintiff -- an unidentified member of the public --
a duty either to prevent Shaw from driving or to warn her of the dangers of driving given her medical condition. We hold that
in the circumstances presented, defendants were under no duty to prevent Shaw from operating a motor vehicle off the premises,
or to warn her of any danger of her so doing.