New York Law Blog

Two landlords from the Bronx were found guilty of criminally negligent homicide for two firefighters that died after leaping from the window of a building that was burning out of control. Illegal partitions had been set up in the apartment building for subletting purposes which lead the firefighters to become disoriented while trying to escape the building. Jeffrey Lichtman talks about how the Wrongful Death laws play into the verdict on the case:

This case is another example of the dangerous practices landlords participate in all across our state, especially here in New York City.  The landlord and former landlord of this Bronx apartment building illegally subdivided apartments in order to achieve more rent.  This illegal partitioning creates a serious threat to the residents occupying the building as well as firefighters.  In this incident, the two firefighters had to jump from a window to escape the blaze.  The partitions left the firefighters disoriented forcing them to jump - ultimately to their deaths.  Firefighters risk their lives everyday to protect the lives of others - when illegal actions such as this cause unnecessary risks it is time we take action.  The verdict found both the landlord and former landlord guilty of criminally negligent homicide.  Though the verdict won’t bring back the lives of the two firemen it will serve those who caused the deaths significant punishment for their actions.  Once again, this case is an example of how our antiquated New York Wrongful Death law prevents full measure of damages.  The law does not allow compensation for the emotional loss and grief of loved ones left.  Albany must act.

Trolman, Glaser & Lichtman: Don’t settle for less!

Hwi Wu, a teacher of autistic children in Queens died last week when she was hit by a New York City bus after she slipped on the street. Senior partner Jeffrey Lichtman weighs in on the Wrongful Death law in New York state:

This is an unfortunate accident that took the life of a 26 - year old teacher in Brooklyn, which may result in a claim.  We don’t know the details of this case but New York’s antiquated Wrongful Death Law will limit family members recourse.  As a result of our Wrongful Death law family members of Hwi Wu will have limited recourse in the court system for emotional loss and grief.  Albany must take action now.  The law needs to change so family members get some form of compensation when tragedies such as this take place.

Trolman, Glaser & Lichtman: Don’t settle for less!

Last year, CBS News reported on Marine Sergeant Carmelo Rodriguez and his battle with the medical malpractice system in regards to the military. While serving in the Marines, Sgt. Rodriguez was misdiagnosed by military doctors, saying a malignant melanoma was actually just wart. Years later, Sgt. Rodriguez was medically discharged due to his cancer, and due to a little known law called the Feres Doctrine, Sgt. Rodriguez’s family cannot bring a medical malpractice case against the government.

Feres v. United States, 340 U.S. 135 (1950), is a case in which the Supreme Court of the United States ruled that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.

The practical effect is that the Feres doctrine effectively bars service members from successfully collecting damages for personal injuries, whether or not they were suffered in the performance of their duties. It also bars families of service members from filing wrongful death or loss of consortium actions when a service member is killed or injured.

The full CBS News report can be seen below. CBS reported earlier this year that the “Carmelo Rodriguez Military Malpractice and Injustice Act” is being introduced into Congress by New York state representative Maurice Hinchey.