Wrongful death case against New York City dismissed
- September 20, 2013
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On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Premises Liability on Friday, September 20, 2013.
Those who have suffered the loss of a loved one are devastated and hurt. However, when that death occurs as a result of the negligent actions of people who are meant to assist and protect others, the surviving family is understandably confused and angry. In those cases, they may seek the guidance of a personal injury attorney to attempt to seek compensation for damages.
A Manhattan Supreme Court judge recently ruled that a wrongful death lawsuit against the city of New York be dismissed given that the deceased did not have a special relationship with the municipality. According to family members, the deceased waited two hours for an ambulance to arrive after she had slipped and injured herself during a blizzard. Her long-time boyfriend reportedly called for help before the woman died from a heart attack.
The judge stated that the lawsuit would have been able to continue forward if the deceased, who was unconscious at the time, or a direct family member had called for help. Given that the boyfriend called, the relationship between the woman and the city did not exist and the city was not liable for the woman’s death.
The deceased’s sister believes that the city should be responsible for the delay given that the municipality did not properly prepare for the dangerous road conditions that occurred as a result of the blizzard, and which she claims kept the ambulance from reaching the deceased in a timely manner.
The sister is not ready to give up the fight against the city, and stated that she will pursue other legal avenues to seek justice.
Source: WPTV, “Kathleen Thomas: Lawsuit over two-hour long ambulance wait tossed out of court,” Elizabeth Landers, Sep. 8, 2013