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JACKSON v. HAPPY CARE AMBULETTE, INC.

2121, 308824/09.

144 A.D.3d 432 (2016)

2016 NY Slip Op 07147

40 N.Y.S.3d 109

TAMPARA JACKSON, as Administrator of the Estate of ELSIE TURNER, Deceased, Respondent, v. HAPPY CARE AMBULETTE, INC., Appellant, et al., Defendants.

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

Decided November 1, 2016.

Plaintiff's decedent fell when, while being assisted to dialysis treatment by Happy Care's ambulette driver, the driver left the decedent unattended so as to open a door. The record shows that Happy Care failed to demonstrate prima facie that its negligence was not a proximate cause of the decedent's fall. The ambulette driver testified that the decedent sometimes used a wheelchair, and her daughter stated that she had informed...

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