Kathleen Auer sued Affiliated Home Care of Putnam for "wrongful death" when her decedent, who suffered from multiple sclerosis, reportedly choked on a hotdog and died while under the care of two home health-care aides.
After the Dutchess County Supreme Court denied Affiliated's dismissal request, an appeal to the Appellate Division, Second Department, ensued.
Since it was undisputed that the aides were responsible for feeding the patient, and that both were in another room when he choked, the AD2 thought the company breached its duty of care and was liable for the resulting harm.
That must have been tough for Affiliated to swallow.
To view a copy of the Appellate Division's decision, please use this link: Auer v. Affiliated Home Care of Putnam, Inc.