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Lawsuit Over Grandma's Death in 2010 Blizzard


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3/3/2012
Gerry Oginski
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Another lawsuit has been filed against the City of New York for its lackadaisical response to the 2010 blizzard. Its cleanup and emergency efforts have been roundly criticized from the very beginning.

This lawsuit is a wrongful death claim for a grandmother from Queens, who died of a heart attack after an ambulance took an hour to arrive at her home.

Gail Radvin, 73, suffered a heart attack in her home on Burns St. in Forest Hills. Her daughters, Faith Radvin and Robin Martucci, had called 911 at 4:10pm on December 27. The ambulance arrived at 5:05pm. She was rushed to a local hospital, where she was pronounced dead at 5:34pm.

The lawsuit, filed in Queens Supreme Court, charges the FDNY and the NYC Sanitation Department as defendants.

By the time of the heart attack, the snow had already stopped falling. The blizzard was the day before. The city did not declare a snow emergency. This would have mandated the removal of vehicles from certain roads to clear the way for snow removal. They also did not salt the roads until late on December 26, when there was already plenty of snow on the ground. Finally, when the snow plows were released to clear the streets, they weren't well-equipped.

Hundreds of payouts have already been made for damages related to the snow storm.
COMMENT:
In any snow and ice case a key question is whether there was 'notice' of the dangerous condition. In other words, did the City know or should have known that the dangerous condition, if not corrected, could have dangerous consequences?
The next big question is whether there is a causal link between the wrongdoing and the injury. What that means is whether there is a direct connection between the city's failure to clear the streets and someone's injury.
A typical defense to this claim would be that her injuries and outcome would have been the same regardless of whether the city has plowed the streets.

If you would like more information about how negligence and accident cases work in the state of New York. If you have legal questions,  I encourage you to pick up the phone and call me at 516-487-8207 or by e-mail at [email protected] to answer your questions. That's what I do every day. I welcome your call.




Category: General

Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer

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