Lawsuit Against City of New York Dismissed Based on Obscure Law.

A family’s lawsuit against the city of New York based on the city’s handling of a December 2010 blizzard has been dismissed by a judge on an obscure technicality of the law with regard to delayed care lawsuits against the municipality.

In December 2010, the city of New York was blanketed by more than a foot of snow and plagued by the lack of a sufficient number of plows to quickly plow the streets. The unplowed streets were impassable by most motor vehicles, including emergency service vehicles like ambulances. The city officials’ inept response to the blizzard made ambulance times reach the 2-hour mark.

Kathleen Thomas, a 51 year-old resident of New York suffered a heart attack after she slipped on some accumulated snow and fell. Thomas’ boyfriend immediately dialed 911, but due to the blizzard, the ambulance arrived too late to save Thomas’s life.

Thomas’ family brought a lawsuit against the city of New York in New York County Supreme Court in Manhattan for negligence in failing to ensure that emergency vehicles could navigate the streets of the city during a blizzard.

This week, presiding judge Margaret Chan, granted the city’s motion to dismiss the lawsuit. The dismissal comes courtesy of an obscure provision in the law, which states that a lawsuit against the city for delay in provision of medical care can only be maintained if the 911 call was placed by the injured person or an immediate family member of the injured person. The judge reasoned that the boyfriend is not an immediate family member, and therefore Thomas’ family cannot maintain the lawsuit against the city.

Accumulated snow and ice on another person’s or entity’s property can often present a danger to persons lawfully passing over the property. If you or someone you know has suffered personal injuries, or if a close relative has suffered a wrongful death, as a result of a Massachusetts snow and ice slip and fall accident, please call 617-787-3700 right away to protect all of your legal rights and remedies.  Our Boston, MA accident injury attorneys, Boston snow and ice accident lawyers and Boston, Massachusetts wrongful death accident attorneys are here 24 hours a day, 7 days a week, to assist you in recovering monetary compensation for your personal injuries and pain and suffering.

You can contact our highly skilled and widely respected Boston personal injury lawyers, Boston, MA snow and ice injury lawyers and Massachusetts wrongful death attorneys at 617-787-3700 or at info@gilhoylaw.com, 24 hours a day, 7 days a week.

Please call 617-787-3700, 24/7. Your needs are our top priority!

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