Ondine Slone recently prevailed after oral argument in the Appellate Division for a significant win for home health aides. In this particular case, plaintiff was injured when she fell out of her wheelchair when driving in an ambulette accompanied by her home health aide. Plaintiff’s counsel argued that the aide had the responsibility to make sure that the plaintiff was properly strapped into the vehicle. Slone argued that it was not part of the aide’s responsibilities and was beyond the scope of her job duties; for public policy reasons, it would be harmful to impose such a duty as it would require new and additional training, and for aides to be educated in tasks not currently part of their curriculum. The Second Department agreed and affirmed the decision of the lower Court finding that it is not the responsibility of a home health aide to oversee the role of an ambulette driver to ensure that a patron is properly strapped into the vehicle. Withopf v. Rapid Transit Services, Inc., Premier Home Health Care Services, Inc., 2022 WL 16827288 (2d Dept 2022) [no further appeals are expected]
