(CN) – A New York appellate court refused a home-care company’s request to dismiss the wrongful death case of a man who choked to death on a hot dog.
Siding with the Dutchess County Supreme Court, the Second Court of Appeals refused Affiliated Home Care’s bid motion for summary judgment and dismissal.
The deceased man had multiple sclerosis, requiring in-home care. Two Affiliated Home Care aides were in his home when he choked on his hot dog, but they were in a different room, though they had been instructed to help the man eat.
As the man choked, one aide tried to force the hot dog out of his throat with the Heimlich maneuver or tried CPR, but the help came too late. The man died soon after he was rushed to the hospital.
Because Affiliated Home Care’s aides ignored the man as he ate, the company can be tried for breaching its duty, the court ruled.