Applewhite v. Accuhealth, Inc.

7 Citing briefs

  1. William Heeran,, et al., Respondents,v.Long Island Power Authority (LIPA), et al., Appellants, et al., Defendants.

    Brief

    Filed January 9, 2018

    The operation of other essential government functions, such as police, fire and emergency medical services also require electrical power. See Applewhite, 21 NY3d at 427. LIPA will therefore be exposed to potential lawsuits whether it decides to de-energize or if it decides not to de-energize.

  2. William Baumann, et al., Respondents,v.Long Island Power Authority, et al., Appellants, et al., Defendant.

    Brief

    Filed January 9, 2018

    The operation of other essential government functions, such as police, fire and emergency medical services also require electrical power. See Applewhite, 21 NY3d at 427. LIPA will therefore be exposed to potential lawsuits whether it decides to de-energize or if it decides not to de-energize.

  3. Barbara Connolly, et al., Respondents,v.Long Island Power Authority, et al., Appellants, et al., Defendant.

    Brief

    Filed January 9, 2018

    The operation of other essential government functions, such as police, fire and emergency medical services also require electrical power. See Applewhite, 21 NY3d at 427. LIPA will therefore be exposed to potential lawsuits whether it decides to de-energize or if it decides not to de-energize.

  4. Barbara Connolly, et al., Respondents,v.Long Island Power Authority, et al., Appellants, et al., Defendant.

    Brief

    Filed January 9, 2018

    Auth., 55 AD3d 549, 550 [2d Dept 2008] (where NYCTA personnel which included "officers of the New York City Police Department" allegedly acted negligently in "directing passengers to walk along the track bed to the Sheepshead Bay station"). 7 Applewhite, 21 NY3d at 428 (discussed infra); Laratro v Ciry rif New York, 8 NY3d 79, 82 [2006] (where plaintiff claimed "that the City of New York was slow in responding to a 911 call placed by plaintiff's coworker"). 33 (c) three cases, discussed in Point III of this brief, which appellants characterize as holding that municipalities are immune for negligence in failing to reasonably address a "natural disaster" (App. Br.

  5. Linda M. Brown,, Respondent,v.State of New York, Appellant.

    Brief

    Filed May 1, 2018

    It is uncontested that the State’s liability must be decided on ordinary negligence principles. While “the first issue for a court to decide is whether the municipal entity was engaged in a proprietary function or acted in a governmental capacity at the time the claim arose” (Applewhite v Accuhealth, Inc., 21 NY3d 420, 425 [2013]), there is no doubt that 15 [h]ighway planning, design, and maintenance ... are proprietary functions, arising from a municipality’s “proprietary duty to keep its roads and highways in a reasonably safe condition” (Turturro v City of New York, 28 NY3d 469, 479 [2016], quoting Wittorf v City of New York, 23 NY3d 473, 480 [2014] and citing Friedman v State of New York, 67 NY2d 271, 283 [1986]). In this case, as in other highway design and maintenance cases, “the municipality ‘is subject to suit under the ordinary rules of negligence applicable to nongovernmental parties’” (Id., quoting Wittorf v City of New York, supra, 23 NY3d at 479).

  6. Linda M. Brown, Respondent,v.State of New York, Appellant.

    Brief

    Filed May 1, 2018

    It is uncontested that the State’s liability must be decided on ordinary negligence principles. While “the first issue for a court to decide is whether the municipal entity was engaged in a proprietary function or acted in a governmental capacity at the time the claim arose” (Applewhite v Accuhealth, Inc., 21 NY3d 420, 425 [2013]), there is no doubt that 15 [h]ighway planning, design, and maintenance ... are proprietary functions, arising from a municipality’s “proprietary duty to keep its roads and highways in a reasonably safe condition” (Turturro v City of New York, 28 NY3d 469, 479 [2016], quoting Wittorf v City of New York, 23 NY3d 473, 480 [2014] and citing Friedman v State of New York, 67 NY2d 271, 283 [1986]). In this case, as in other highway design and maintenance cases, “the municipality ‘is subject to suit under the ordinary rules of negligence applicable to nongovernmental parties’” (Id., quoting Wittorf v City of New York, supra, 23 NY3d at 479).

  7. Barbara Connolly, et al., Respondents,v.Long Island Power Authority, et al., Appellants, et al., Defendant.

    Brief

    Filed January 9, 2018

    This Court has repeatedly explained that protecting the public safety, not ensuring the public good, is the cornerstone of governmental function immunity. For example, this Court recently reiterated that governmental functions are "undertaken for the protection and safety of the public..." See Turturro v City of New York, 28 NY3d 469 (2016) (emphasis added) (quoting Applewhite v. Accuhealth, Inc., 21 NY3d 420, 425 (2013) and Sebastian, 93 NY2d at 793) (internal quotation marks omitted). The dissent agreed, stating that governmental functions are performed "for the protection and safety of the public at large..." Id.