This was originally posted on the SGR Blog.
Were EMTs/New York City Liable for Negligent Transport?
Yaugeni Kralkin allegedly was injured when (apparently intoxicated) he unbuckled his restraints and jumped from a New York City ambulance while being transported to a hospital. Supreme Court granted the City’s motion for summary judgment dismissing the complaint. Kralkin appealed.
Under the doctrine of governmental function immunity, government action, if discretionary, may not be a basis for liability. But ministerial actions may be, but only if they violate a special duty owed to the plaintiff, apart from any duty to the public in general.
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