PPD’s Joe Slater successfully defends appeal before Appellate Division, Fourth Department, on behalf of Emergency Care Services of New York, P.C., and Amber Wilson, NP. By: Ryan Perry
Plaintiff commenced a medical malpractice and wrongful death action against Emergency Care Services of New York, P.C., and Amber Wilson, NP, seeking damages arising from the death of her husband, who died from ethylene glycol poisoning in what was determined to be a suicide. After PPD successfully made a motion for partial summary judgment dismissing the plaintiff’s wrongful death claim based upon the expiration of the two-year statute of limitations, the plaintiff appealed, arguing that the Infancy Toll of CPLR Section 208 should have applied, and that the wrongful death claim was still viable.
Attorney Joe Slater argued the motion before the Fourth Department in Rochester, New York, on May 29, 2015. On July 2, 2015, the Fourth Department issued its decision, unanimously affirming the decision of the Supreme Court granting partial summary judgment as to the wrongful death claim. In relevant part, the court held that the “infancy toll provided in CPLR 208 does not apply to [the plaintiff’s] wrongful death cause of action, even though the minor children of the plaintiff and decedent are distributees of the decedent’s estate, because plaintiff is also a distributree and was available both to seek appointment as the personal representative of the estate and to commence an action on behalf of the children in a timely fashion.”
The full decision can be found here: http://law.justia.com/cases/new-york/appellate-division-fourth-department/2015/841-ca-14-01642.html