Shumway v. Geneva General Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant, Geneva General Hospital (Hospital), for summary judgment dismissing the complaints. The Hospital established its entitlement to judgment as a matter of law that it was not vicariously liable for the tortious acts of its employee and plaintiffs failed to raise an issue of fact (see, Swartzlander v Forms-Rite Bus. Forms & Print. Serv., 174 AD2d 971, 972, affd 78 NY2d 1060). An employer generally is not liable for an employee’s negligence while the employee is traveling to or from work…
2Cases cited6 opinions
- D'Amico v. ChristieNew York Court of Appeals · 1987
- Lundberg v. State of New YorkNew York Court of Appeals · 1969
- Swartzlander v. Forms-Rite Business Forms & Printing Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Matos v. Michele Depalma Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Ehlenfield v. StateAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by4 opinions
- Cicatello v. SobierajskiAppellate Division of the Supreme Court of the State of New York · 2002
- Johnson v. Transit Mgmt. of Se. La., Inc.Louisiana Court of Appeal · 2018
- Beres v. TerraneraAppellate Division of the Supreme Court of the State of New York · 2017
- FIGURA, MICHELLE M. v. FRASIER, TIMOTHY W.Appellate Division of the Supreme Court of the State of New York · 2016