Wrongful Death Archives - Pospis Law, PLLC

July 7, 2025 by mjpospis

Section 230 Did Not Bar Claims Against TikTok & Meta Arising From “Subway Surfing” Death

In Nazario v. ByteDance, Inc., TikTok, Inc., Meta Platforms, Inc. et al, 2025 WL 1780792 (Sup. Ct. N.Y. Cty. June 27, 2025) – a case arising from the “subway surfing” death of fifteen-year-old Zackery Nazario – the court, inter alia, denied the motion to dismiss plaintiff’s complaint alleging various claims against the social media defendants,…

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June 26, 2016 by mjpospis

Wrongful Death Action, Based on Failure to Install Smoke Detectors, Continues

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…

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January 17, 2016 by mjpospis

Failed Manhattan Building Jump Attempt Results in Death of NYC Teen Natalie Jimenez

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],…

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May 8, 2015 by mjpospis

Uber-Affiliated Car Reportedly Kills Harlem Boy

Gothamist has reported that a driver who struck and killed a Harlem sixth grader was apparently operating an Uber-affiliated car. This is what they had to say about this pedestrian car accident case: The victim, Ervi Secundino, was struck at around 3 p.m. [on May 6, 2015] while crossing Adam Clayton Powell Jr. Boulevard at…

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August 8, 2014 by mjpospis

Inmate Asthma Death Suit Continues

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…

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June 10, 2014 by mjpospis

Wrongful Death Suit Arising From Defective Murphy Bed

Below is the complaint recently filed in New York state court by the estate of Joseph Annunziato, who was allegedly killed when his Murphy bed struck him. It includes claims sounding in negligence, breach of implied and express warranty, and strict liability. Here’s one news story about the suit.

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November 11, 2013 by mjpospis

Court Explains $14 Million Award in Auto Accident Wrongful Death Case, Including Damages for “Pre-Impact Terror”

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…

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October 29, 2013 by mjpospis

Red Bull Wrongful Death Lawsuit

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…

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September 27, 2013 by mjpospis

Zoloft-Prescribing Doctor Did Not Owe Duty to Patient’s Murder Victim

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…

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July 23, 2013 by mjpospis

Darrius Kennedy Shooting Death Lawsuit

As was recently reported in the New York Post, Sandra Caroline Jones, the administrator of the Estate of Darrius Hayward Kennedy (who was fatally shot by New York City police officers on August 11, 2012) recently filed a lawsuit in New York State court against the City of New York. In pertinent part, plaintiff alleges…

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