Brief Description of Case:
State Farm Mutual Automobile Ins. Co a/s/o Susan & John Brocato v. Traci B. Klein & Marie A. Michel v. Recco Health Corporation, Recco Home Care Service, Inc. and Recco Senior Companions Service LLC.
Plaintiffs initially commenced suit against defendants/third party plaintiffs for property damage resulting from a motor vehicle accident in North Amityville, New York, wherein it was alleged that the vehicle owned and operated by defendants/third-party plaintiffs struck the plaintiff subrogors’ vehicle. Defendants/third-party plaintiffs thereafter brought Recco in as a third-party defendant, claiming that we were defendant’s employer at the time of the accident and as such were vicariously liable for the happening of the accident.
Court or Jury’s Decision and Reasoning:
Summary Judgment Granted to Recco upon our demonstrating that Recco was not technically an employer, but rather functioned merely as a Fiscal Intermediary to CPDA for the sole purposes of providing payment to the Personal Assistant the State designated rate with relation to her caring for the consumer.