41 Cited authorities

Taylor v. Adams
221 F.3d 1254 (11th Cir. 2000) Cited 852 times
Holding that a nurse's decision not to assess a detainee at the scene, but rather to send him to a distant hospital was not "so objectively inadequate" as to be deliberate indifference
McLean v. City of New York
2009 N.Y. Slip Op. 2449 (N.Y. 2009) Cited 555 times 3 Legal Analyses
Recognizing shortcomings in conduct of municipal employees that could have prevented harm incurred by plaintiffs, but noting that "this is not the test" for municipal liability
Valdez v. City of New York
2011 N.Y. Slip Op. 7252 (N.Y. 2011) Cited 467 times 1 Legal Analyses
Discussing the "fundamental obligation of a plaintiff pursuing a negligence cause of action to prove that the putative defendant owed a duty of care"
Lauer v. City of New York
95 N.Y.2d 95 (N.Y. 2000) Cited 545 times 1 Legal Analyses
Holding that the Medical Examiner's statutory duty to prepare post-autopsy reports and report to the District Attorney benefits "the public at large" and was not enacted for individual benefit
Cuffy v. City of New York
69 N.Y.2d 255 (N.Y. 1987) Cited 712 times
Finding “as a matter of law” that plaintiffs' injuries were not the result of justifiable reliance on assurances of police protection
Certiorari Granted
531 U.S. 1077 (2001) Cited 140 times
Finding no adverse employment action where employee was told she was fired by a supervisor, but did not lose pay or other job benefits
Ross v. Consumers Power
420 Mich. 567 (Mich. 1984) Cited 625 times
Recognizing in a governmental-immunity analysis that identical tort and contract allegations should be analyzed differently if one of the claims "also alleges that plaintiffs contracted and agreed with defendants" regarding the obligations
Pelaez v. Seide
2 N.Y.3d 186 (N.Y. 2004) Cited 315 times
Holding that no affirmative duty was created where a county health inspector promised additional inspections and erroneously told plaintiff she need not test her child for lead exposure immediately
Garrett v. Holiday Inns
58 N.Y.2d 253 (N.Y. 1983) Cited 359 times
Finding that, where actions were brought on behalf of motel guests resulting from a fire, that contribution claim against municipality could proceed based on theory that municipality knew blatant fire and safety violations existed but failed to require the motel to comply
Steering Comm. v. Port Auth. of New York (In re World Trade Ctr. Bombing Litig. )
2011 N.Y. Slip Op. 6501 (N.Y. 2011) Cited 135 times
Holding "when official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice"

Tiffany Applewhite,, et al., Respondents,v.Accuhealth, Inc., et al., Defendants, City of New York, Appellant.

41 Cited authorities

Holding that a nurse's decision not to assess a detainee at the scene, but rather to send him to a distant hospital was not "so objectively inadequate" as to be deliberate indifference

Recognizing shortcomings in conduct of municipal employees that could have prevented harm incurred by plaintiffs, but noting that "this is not the test" for municipal liability

Discussing the "fundamental obligation of a plaintiff pursuing a negligence cause of action to prove that the putative defendant owed a duty of care"

Holding that the Medical Examiner's statutory duty to prepare post-autopsy reports and report to the District Attorney benefits "the public at large" and was not enacted for individual benefit

Finding “as a matter of law” that plaintiffs' injuries were not the result of justifiable reliance on assurances of police protection

Finding no adverse employment action where employee was told she was fired by a supervisor, but did not lose pay or other job benefits

Recognizing in a governmental-immunity analysis that identical tort and contract allegations should be analyzed differently if one of the claims "also alleges that plaintiffs contracted and agreed with defendants" regarding the obligations

Holding that no affirmative duty was created where a county health inspector promised additional inspections and erroneously told plaintiff she need not test her child for lead exposure immediately

Finding that, where actions were brought on behalf of motel guests resulting from a fire, that contribution claim against municipality could proceed based on theory that municipality knew blatant fire and safety violations existed but failed to require the motel to comply

Holding "when official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice"