Asantewaa v. City of New York
Opinion of the Court
Plaintiff was injured when, while a passenger in defendant’s ambulance, the ambulance suddenly stopped, causing plaintiff, who was seated on a bench in the rear compartment of the ambulance and not wearing a seatbelt, to fall off the bench. It is well settled that the operator of an ambulance owes its passengers a duty of reasonable care (see Bethel v New York City Tr. Auth., 92 NY2d 348, 356 [1998]). However, that duty does not require that the operator of the vehicle ensure that an adult
Contrary to plaintiffs contention that even if her allegations that defendant was liable based on its failure to ensure that plaintiff was wearing a seatbelt are found to be not viable she is still entitled to summary judgment based on her allegations that the ambulance was operated in a negligent manner, the record presents triable issues of fact in this regard. Concur— Gonzalez, EJ., Mazzarelli, Andrias and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.