BENAMY v. CITY OF NEW YORK


270 A.D.2d 183 (2000)

705 N.Y.S.2d 225

CLARA BENAMY, as Executrix of ANNE GOLDINER, Deceased, Respondent-Appellant, v. CITY OF NEW YORK et al., Appellants-Respondents. (Action No. 1.) (And Other Actions.) LALITA SATUP et al., Respondents-Appellants, v. CARAVAN BUS SERVICE, INC., et al., Appellants-Respondents. (Action No. 4.)

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

Decided March 28, 2000.


In this case, a bus accident occurred after the driver apparently suffered a fatal heart attack. On this record, numerous factual questions are presented as to the foreseeability of the driver's incapacity and the ensuing accident given the driver's history of high blood pressure and his condition on the morning of the accident, at which time he complained of lack of sleep, pain in his hands and sweatiness, and was advised to obtain a substitute driver (cf., State of New...

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