Friday, August 1, 2014

An injured firefighter's suit sounding in negligence.

Practice point:  General Municipal Law § 205-a establishes the right of an injured firefighter to recover against any party whose negligence in failing to comply with governmental requirements results directly or indirectly in the firefighter's injury. While recovery does not require proof of such notice as would be necessary to a cause of action alleging common-law negligence, the plaintiff still must establish that the circumstances surrounding the violation indicate that it was a result of neglect, omission, or willful or culpable negligence on the defendant's part. Here, defendant established, prima facie, that the alleged violations were not the result of neglect, omission, or willful or culpable negligence on his part, and, in opposition, plaintiffs failed to raise a triable issue of fact.

Student note:  General Obligations Law § 11-106 largely abolished the former so-called "firefighter's rule" by allowing firefighters to assert causes of action sounding in negligence for injuries suffered while in the line of duty against entities other than municipal employers and fellow workers.

Case:  Cassidy v. Korik, NY Slip Op 05405 (2d Dept. 2014)

Here is the decision.

Monday's issue:  A medical malpractice action based on a psychiatric consultation.