First Department Rules that Plaintiff’s Refusal of Medical Assistance Vitiates Negligence Claim Against Venue

BMMP’s Neil J. Palmieri and Alexys M. Carter joined forces in a matter where a plaintiff alleged that our client and a co-defendant were negligent in assisting the plaintiff, who fell ill in his seat but then refused help.  After the trial court found a question of fact as to our client’s negligence, Alexys M. Carter successfully authored and argued the appeal to the Appellate Division.  The First Department reversed and found that the plaintiff’s denial of assistance by the venue’s security staff and the medical technicians was uncontroverted and was sufficient to dismiss plaintiff’s complaint.  Read the decision here