Seeger v. Marketplace

In Seeger v. Marketplace (101 AD3d 1691 [4th Dept 2012]), the plaintiff fainted and collapsed inside a J.C. Penney store. A store employee undertook to place her in a wheelchair and transport her to her car, which she then crashed into the store building. The Appellate Division, First Department, held that: "by intervening when she appeared to be in ill health, defendant's employee voluntarily assumed a duty to plaintiff as a matter of law and, as a result, defendant became obligated to act with due care in her regard based upon the doctrine of respondeat superior. Whether plaintiff's subsequent actions were reasonable and whether they were the proximate cause of her injuries should be resolved by the finder of fact, not on a motion for summary judgment " (Seeger v. Marketplace, 101 AD3d at 1692.) As stated in Seeger: "one does not owe a duty to come to the aid of a person in peril, whether the peril is medical or otherwise . . . Where a party voluntarily assumes a duty to act, the party may not place the person to whom the duty is owed in a position of peril equal to that from which [the person] was rescued, nor may the party change the person's position for the worse by unreasonably putting the person back into the same peril, or into a new one" (id. at 1691).