Gallardo Levin Reiter & Rogerssucceeded in overcoming recent plaintiff-oriented case law which extended the duty in malpractice actions to third-party non-patients, and secured summary judgment in favor of its client, a home health care agency. In the Kings County (Brooklyn) action, the plaintiff alleged that she was injured when a home care attendant failed to properly bring plaintiff’s wheelchair-bound mother down stairs, causing the wheelchair to tip over and injure the plaintiff. Gallardo Levin Reiter & Rogers moved for summary judgment on the grounds that the attendant and the home health care agency did not owe any duty to the plaintiff, as it was the plaintiff’s mother, not the plaintiff, who was a patient of the home health care agency. The Court agreed and dismissed the case against Gallardo Levin Reiter & Rogers‘ clients. The decision marked a departure from recent cases extending the duty to third-party non-patients. The case was handled by Gallardo Levin Reiter & Rogers Partner, Michele R. Levin.
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