A jury should decide whether security guards at Memorial Sloan Kettering Cancer Center assumed a legal duty of care on behalf of their employer by placing their boss, who later died, in the backseat of his wife’s car after he passed out at an office Christmas party, a judge has decreed.
After driving John Gillern Jr. to their home in Orange County, Jacqueline Gillern, his wife, left him alone in the car for about 40 minutes to check on her young children, whom she had left with her elderly father. When she returned, she found her husband gray and lifeless.
