The family of the decedent brought a wrongful death claim against a few of state troopers and a few Yonkers police officers when the decedent was shot about six times while he was trying to avoid a road block as reported by the New York Law Journal in a May 2, 2013 news article.
The Yonkers police officers wanted to get out of this case. Thus, they argued that the case should be dismissed against them because they were not served properly by the laws governing New Yorkâ€™s Civil Practice; laws that must be followed by everyone in New York when it comes to legal proceedings. The family did not have an issue with this however the court denied the motion by the Yonkers police because if it dismissed the case, then theÂ decedentâ€™s family would be out of luck and would not be able to recover or have a remedy for their loss. Moreover, the court has utilized a lot of time and resources on this case for the past five years and getting rid of it now would not be a good choice.
Also, another reason why the court held that this case should not be dismissed is because the injured party claims that constitutional rights have been violated. When a party claims that constitutional rights have been violated, then the court is less likely to get rid of or dismiss the case as the injured party has a right to a remedy or a solution to the problem.
If you have an accident or personal injury case in court, it is advisable to seek legal counsel. Mr. Lutzky is a lawyer with over 30 years of experience. He practices law in New York and offers free in person consultations. To learn more, please call his office at 718-514-6619 or visit his Website, www.MyNewYorkCityLawyer.com.