In McDaniel v Keck , Donna McDaniel's son was injured on property owned by Manhattan Country School Farm (MCSF).
MCSF -- a private school and "working farm" -- allowed its employees' children to visit and use its facilities. On the day Ethan visited, Bronxville Elementary School (Bronxville) was also enjoying the use of the farm and happened to have brought along a nurse, Nancy Keck.
Ethan was playing in the barn when he was hit in the right eye by a loose wire. Although he wasn't a Bronxville student, Keck examined him, applied ice to his eye and supposedly advised the child's father to seeks a physician's assistance if the eye worsened.
Donna testified that Keck told her to treat Ethan's eye with ice but didn't suggest the injury warranted a doctor's care. (Keck allegedly indicated the redness and swelling were "normal.")
Ethan was eventually taken to an ophthalmologist who diagnosed an eye infection and, after "several surgeries," the entire right eye was removed.
When the Delaware County Supreme Court dismissed the personal-injury lawsuit brought against Bronxville and Keck, Donna appealed to the Appellate Division, Third Department, which affirmed the outcome.
The case turned on whether the "Good Samaritan" law applied to Keck's conduct.
Under that particular statute, Keck was only liable for acts amounting to "gross negligence" when performing her duties at "the scene of an accident or other emergency, outside a hospital" without the expectation of "monetary compensation."
Since she was only obligated to render care to Bronxville students, had no duty to assist Ethan, intervened "at the scene of an accident" and lacked appropriate medical equipment, the AD3 concluded the Good Samaritan law shielded Keck from liability in this instance.
McDaniel certainly didn't get a Keck out of that.
To download a copy of the Appellate Division's decision, please use this link: McDaniel v Keck