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Form of direct act between the agents and the injured party and justifiable reliance on the promise. if you can prove the woman relied on 911, that the city assumed through the 911 call an affirmative duty to act, that it knew if it didn't act it was going to cause her harm and through fault of its own it didn't act, can you get around the immunity veil? >> you can make the argument, you know, but in this particular case, megyn, to tell you, i do not think they'll be able to jump these legal hurdles. as a matter of public policy, if the city decides to avoid this lawsuit and litigation, perhap...

$20 million. accusing new york of negligence in mishandling the aftermath of this monster storm. joining me now, fox news legal analyst and host of "hitting the headlines" on foxnews.com, kimberly guilfoil and defense attorney mark adlarsh. we saw it coming. we saw it coming. there are criminal investigations underway in new york right now. they have not yet been resolved but they're underway to try to figure out if there was an intentional slowdown, mark, by the sanitation workers who were upset about cutbacks to try to prove a lesson to mayor bloomberg about what life would be like if the ci...

All night. megyn: look, snowstorms happen, natural disasters happen, but if this plaintiff's lawyer can prove that it happened here, the failure to clean up, so that emergency vehicles could transport through this city, intentionally, by unions trying to make a point, mark, immunity schmoonity, if you get that case before a jury, which is a huge if, you win. >> absolutely. you know, when the medics showed up, they said, quote, we're sorry, we've never seen anything like this. let me tell you something. that's what jurors are going to find when they see these unique facts. this is outrageous. m...