Wrongful Death

Published on: March 24, 2025

State Held Liable for Wrongful Death During Attica Prison Riot. Jones v. State of New York, 33 N.Y.2d 275 (1973)

by Stephen Bilkis

In Jones v. State of New York, 33 N.Y.2d 275 (1973), the New York Court of Appeals considered whether the State could be held liable for the wrongful death of a State employee killed during the retaking of Attica Correctional Facility following a prison uprising. The case raised questions about the limits of sovereign immunity and whether the State’s conduct during an official action could give rise to liability under a theory of intentional tort.

Background Facts

Herbert W. Jones, Jr. worked for the New York State Department of Correctional Services as an accounts clerk at the Attica State Correctional Facility. His job was clerical, and he had no responsibilities involving the guarding or control of inmates. On September 9, 1971, an uprising broke out at Attica. During the disturbance, Jones was taken hostage along with other staff members.

Published on: February 24, 2025

Summary Judgment Granted for Plaintiff After Construction Site Fatality. Kosta v. WDF, Inc., 2018 NY Slip Op 51306(U) (Sup. Ct. Kings County 2018)

by Stephen Bilkis

In Kosta v. WDF, Inc., the Supreme Court of Kings County considered liability for a construction site fatality at the Owl’s Head Water Treatment Plant in Brooklyn. The plaintiff, acting as administrator of the estates of Gennaro and Donna Montello, sought damages for injuries and wrongful death caused by the collapse of a conveyor system. The court analyzed claims under Labor Law § 200, common law negligence, and other related causes of action.

Background Facts
The accident occurred during a construction project at the Owl’s Head Water Treatment Plant, owned by the City of New York. WDF, Inc. was the general contractor and was required to install temporary conveyors to move waste during construction. The conveyors, purchased from Serpentix Conveyor Corporation, were designed to be bolted to the floor. At the request of a City supervisor, the conveyors were modified by adding wheels, making them mobile.

WDF contacted J. Blanco Associates, Inc. to fabricate and provide caster wheels. The modified conveyors were installed in July 2008. On August 27, 2008, Serpentix notified WDF that the warranty on the conveyors was void due to the modifications and warned that the conveyors needed additional supports. WDF did not install the supports.

Published on: December 9, 2024

Court allowed § 1983 claims in a prisoner abuse case involving failure to provide adequate medical care. Luckey v. City of N.Y., 991 N.Y.S.2d 34 (N.Y. App. Div. 2014)

by Stephen Bilkis

Prison abuse can occur when inmates are denied necessary medical treatment, leading to severe consequences for their health. Inmates have a right to adequate medical care, and failure to provide it can result in worsening of existing conditions or the development of new, serious health issues. This neglect may be deemed a violation of constitutional rights, particularly under the Eighth Amendment, which prohibits cruel and unusual punishment.

When prison staff fail to provide necessary treatment and act with deliberate indifference, inmates can file a § 1983 claim alleging that their Eighth Amendment rights were violated. This type of claim requires proving that the deprivation of medical care was intentional or recklessly disregarded the inmate’s health needs. Successful § 1983 claims can lead to damages and other remedies, holding correctional facilities and staff accountable for the abuse and ensuring that inmates’ rights are upheld.

In Luckey v. City of N.Y., 991 N.Y.S.2d 34 (N.Y. App. Div. 2014), the court had to determine whether the city, correction officers, and other defendants were liable for alleged medical negligence and constitutional violations that contributed to an inmate’s death.

Published on: October 2, 2024

Court determined that nursing home violated New York Public Health Law § 2801-d and upheld jury award of $2,500,000 pain and suffering. Smith v. N. Manhattan Nursing Home, Inc., 70 Misc. 3d 891 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

In New York, nursing home residents are protected under Public Health Law § 2801-d, which ensures their right to adequate care and treatment. This law guarantees that residents receive proper healthcare, are treated with dignity and respect, and are free from abuse and neglect. It also protects their personal autonomy, allowing them to participate in decisions about their care and living in a safe and clean environment. Residents are entitled to be informed of their rights, and if these rights are violated, they can seek compensation through legal action. This law holds nursing homes accountable for the care they provide, ensuring the well-being and protection of residents.

Smith v. N. Manhattan Nursing Home, Inc., 70 Misc. 3d 891 (N.Y. Sup. Ct. 2020) is an example where this law played a critical role and highlights the responsibilities of nursing homes under New York law and the potential consequences of failing to meet these obligations.

Background Facts

Published on: August 5, 2024

Court determined that there were issues of fact about nursing home’s inspection failure and evidence spoliation. Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018

by Stephen Bilkis

Turner v. N. Manhattan Nursing Home, Inc., 2018 N.Y. Slip Op. 30406 (N.Y. Sup. Ct. 2018) involves the unfortunate circumstances surrounding the injury and subsequent death of Sarah Louise Drayton, a long-term resident of a New York nursing home. The legal action arose from alleged negligence by the nursing home staff during a routine transfer using a Hoyer lift.

A Hoyer lift transfer is a procedure used to safely move individuals with limited mobility, such as those in nursing homes or hospitals, from one position to another, typically from a bed to a wheelchair or vice versa. The Hoyer lift is a mechanical device that consists of a hydraulic or electric-powered lift and a sling, which is placed under the patient. The sling is then attached to the lift, and the patient is carefully lifted and transferred to the desired location. This process requires trained caregivers to ensure that the sling is properly positioned and secured, minimizing the risk of injury to both the patient and the caregivers. Hoyer lifts are commonly used to assist patients who cannot move on their own due to conditions such as paralysis, severe injury, or chronic illness.

Background Facts

Published on: July 3, 2024

Austin v. Jewish Home & Hosp., 2015 N.Y. Slip Op. 30581 (N.Y. Sup. Ct. 2015)

by Stephen Bilkis

When it comes to pursuing claims against negligent nursing homes for abuse or negligence, claims must be filed within the limitations periods. In New York, the statute of limitations for personal injury claims is generally three years from the date of the injury. This means that a lawsuit for personal injuries must be filed within three years of the date the injury occurred.

In Austin v. Jewish Home & Hosp., 2015 N.Y. Slip Op. 30581 (N.Y. Sup. Ct. 2015), the plaintiff alleged that the nursing home was negligent, resulting in serious injuries to the resident and their wrongful death. The issue before the court was not only whether the nursing home was negligent, but also whether the claims were time-barred due to the statute of limitations.

Background Facts

Published on: July 10, 2023

Court considered whether the doctrine of highway defect immunity applied to a wrongful death lawsuit against a municipality. Estate of Fuentes v. Town of Islip, 148 A.D.3d 845 (2d Dep’t 2017)

by Stephen Bilkis

The Estate of Fuentes v. Town of Islip addresses the issue of the responsibility of municipal corporations to maintain their roadways in a reasonably safe condition for the public.

Factual Background

The incident in question occurred on February 8, 2007, on Brentwood Road in the Town of Islip. The decedent, Luis Fuentes, was driving his vehicle when he struck a pothole and lost control of the vehicle, causing a fatal accident. The estate of Fuentes subsequently filed a lawsuit against the Town of Islip, alleging negligence in failing to maintain the roadway in a reasonably safe condition.

Published on: July 5, 2023

Court considered whether the City of New York had a duty to provide additional safety measures beyond those already in place in order to prevent pedestrian accidents. Brown v. City of New York, 945 N.Y.S.2d 390 (2d Dep’t 2012)

by Stephen Bilkis

Brown v. City of New York is a notable case in the field of municipal liability in New York. The case involved a tragic accident in which a young boy was struck and killed by a car while crossing the street in front of his school. The boy’s family filed a lawsuit against the City of New York, alleging that the city was negligent in failing to provide adequate safety measures to protect children crossing the street.

Factual Background

On the morning of February 28, 2007, Amar Diarrassouba, a six-year-old boy, was crossing the street in front of his school in Harlem when he was struck by a car and killed. The boy’s family filed a lawsuit against the City of New York, alleging that the city was negligent in failing to provide adequate safety measures for children crossing the street.