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WOODY v. ASTORIA GENERAL HOSPITAL, INC.

264 A.D.2d 318 (1999)

694 N.Y.S.2d 41

TONIA WOODY, as Administratrix of the Estate of LENWARD WOODY, Deceased, Respondent, v. ASTORIA GENERAL HOSPITAL, INC., Doing Business as WESTERN QUEENS COMMUNITY HOSPITAL, et al., Defendants, and CITYWIDE AMBULANCE SERVICE, INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided August 5, 1999.

Defendant EMT is immune from liability for ordinary negligence under Mental Hygiene Law § 9.59, which applies here since the decedent was being involuntarily transported from an emergency room to a psychiatric hospital. As such, defendant EMT can be held liable only if the driver's acts in transporting the decedent amounted to gross negligence, i.e., evinced a "reckless disregard" for the decedent's rights or "intentional wrongdoing" (Colnaghi, U.S.A. v Jewelers Protection...

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