Priester v. Frangakis

• Decision Date: 01 October 2021
• Docket Number: CA 20-01686,690
• Citation: 155 N.Y.S.3d 247,198 A.D.3d 1295
• Parties: Lisa PRIESTER and Paul Priester, Individually and as Husband and Wife, Plaintiffs-Respondents, v. Angelica FRANGAKIS, Defendant, Aspire of Western New York, Defendant-Respondent, and Willcare, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

198 A.D.3d 1295
155 N.Y.S.3d 247

Lisa PRIESTER and Paul Priester, Individually and as Husband and Wife, Plaintiffs-Respondents,
v.
Angelica FRANGAKIS, Defendant,

Aspire of Western New York, Defendant-Respondent,
and
Willcare, Defendant-Appellant.

690
CA 20-01686

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: October 1, 2021

FELDMAN KIEFFER, LLP, BUFFALO (SARAH RODMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

HOGAN WILLIG, PLLC, AMHERST (RYAN C. JOHNSEN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

GOLDBERG SEGALLA LLP, BUFFALO (MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, LINDLEY, TROUTMAN, AND WINSLOW, JJ.

155 N.Y.S.3d 248

MEMORANDUM AND ORDER

198 A.D.3d 1296

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Lisa Priester (plaintiff) when the vehicle in which she was a passenger was involved in a motor vehicle accident. Plaintiff, who uses a wheelchair due to quadriplegia, was a participant in the New York State Consumer Directed Personal Assistance Program (CDPAP), which provided plaintiff with certain home care services including a personal aide, i.e., defendant Angelica Frangakis, who assisted plaintiff with various activities of daily living. Defendant Willcare served as a fiscal intermediary for plaintiff through CDPAP. One afternoon, Frangakis was transporting plaintiff from a medical appointment in plaintiff's wheelchair-accessible van when the van was involved in the accident. Plaintiff's injuries in the accident allegedly resulted from Frangakis's failure to properly restrain plaintiff's wheelchair. Plaintiffs alleged in the amended complaint, inter alia, that Willcare was an employer of Frangakis and granted Frangakis the authority to care for plaintiff, that Frangakis was providing care to plaintiff at the time of the accident, and that plaintiff suffered injuries as a result of the negligence...