Hilton v. Town of Richland

Balio and Boehm, JJ. (dissenting).

We disagree with the majority’s conclusions that the delay in filing a notice of claim deprived the Tovm of an opportunity to investigate the incident and that the Town has been substantially prejudiced by such delay. Thus, we respectfully dissent.

Ronald M. Hilton sustained permanent brain damage and other injuries when his heart stopped 22 times during an ambulance ride from Pulaski, N. Y., to Syracuse, N. Y. Plaintiff asserts that the ambulance defibrillator did not work because the batteries had not been charged and that the injury was caused by prolonged…