Wrongful Death

In Mero v. Vuksanovic, 2016 NY Slip Op 05025 (App. Div. 1st Dept. June 23, 2016), the court modified a lower court order to reinstate plaintiff’s allegations concerning defendants’ failure to install smoke detectors. This case concerns the application of NYC Administrative Code § 27-2045, which pertains to the duties of the owner and occupant with respect to…

Read More Wrongful Death Action, Based on Failure to Install Smoke Detectors, Continues
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The tragic story of the death of 15-year-old Natalia Jimenez is making the rounds. The New York Times reports, for example, that Ms. Jimenez died on Friday (1/15/16) afternoon after she tried to jump from one rooftop to another in Manhattan’s Hell’s Kitchen neighborhood. The Times article continues: A neighbor chastised [Natalia and her two friends],…

Read More Failed Manhattan Building Jump Attempt Results in Death of NYC Teen Natalie Jimenez
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In Luckey v. City of New York, the Appellate Division, First Department held on August 7, 2014 that the trial court should not have dismissed the plaintiff’s negligence claims against the City of New York. “Plaintiff’s’ decedent was an inmate at Rikers Island who was treated for chronic asthma during the few weeks in which she was…

Read More Inmate Asthma Death Suit Continues
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In a recent decision, Grevelding v. State of New York (No. 2013-018-439, Claim No. 109855), the Court of Claims – the court having exclusive jurisdiction over lawsuits against the State of New York – assessed damages arising from the tragic automobile-related death of Jason Rhoades. Mr. Rhoades died when his car “vaulted” off a bridge…

Read More Court Explains $14 Million Award in Auto Accident Wrongful Death Case, Including Damages for “Pre-Impact Terror”
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Here is the complaint in Terry v. Red Bull North America, Inc., which was filed in New York State Court in Brooklyn on October 24, 2013.  The lawsuit seeks damages arising from the death of Cory Terry, which was allegedly caused by his ingestion of Red Bull. According to the complaint: On or about the evening of…

Read More Red Bull Wrongful Death Lawsuit
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In DeVito v. Peri, a Brooklyn trial court recently awarded summary judgment to the defendant and dismissed plaintiff’s claims for medical malpractice, lack of informed consent, and wrongful death. The claims arose from the murder by the doctor’s patient (Mr. DeVito) of his wife (who was plaintiff’s mother). Specifically, plaintiff alleged that defendant doctor Peri…

Read More Zoloft-Prescribing Doctor Did Not Owe Duty to Patient’s Murder Victim
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Last week in Taveras v. City of New York the Supreme Court, Appellate Division, Second Department permitted a drowning death lawsuit to continue. In June 2005, Luis Alberto Peralta (a.k.a. Luis A. Peralta Taveras) drowned while swimming at the public ocean beach at Coney Island in Brooklyn. (New York Post story here). The administrators of…

Read More Drowning Death Lawsuit Proceeds
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