Wrongful Death

Gunter v. Township of Lumberton, et al. (Opinion)

Category: Wrongful Death

Terms: Excessive Force; Deprivation of Medical Care; Conscious Disregard of Risk; Section 1983

Summary: The 3rd Circuit Court of Appeals opinion regarding the District Court’s grant of Defendant’s Summary Judgment Motion, which the Court affirmed, concluding that the Officers did not use excessive force and did not show indifference to the Decedent’s medical needs, and, therefore, there was no “wrongful act” to satisfy the requirements for a wrongful death claim.

Richard DeSiervo, et. al v. Township of Elmwood Park, et. al. (Opinion)

Category: Survivorship, Wrongful Death

Terms: Good Samaritan Act, Police Officers, Ambulance, Emergency Medical Technician (EMT), Immunity

Summary: The Plaintiffs, Administrator of the Estate as well as deceased’s minor children, brought a survivorship, wrongful death and negligent infliction of emotional distress action against the Township of Elmwood Park, Elmwood Park Police Department, individual responding police officers, and Elmwood Park Ambulance Corps. EPPD Police Officers were dispatched to respond to a 911 call from the minor children, who had reported their mother was unconscious and unresponsive. Police Officers arrived first and rendered emergency care until EMTs arrived on-scene, who in turn rendered care until paramedics arrived. The Superior Court of New Jersey Appellate Division affirmed the Trial Court’s grant of Summary Judgment in favor of the Defendants. The Court found that the responding officers acted in good faith in rendering care at the scene of the emergency, and thus, were immune from liability under N.J.S.A. 2A:62A-1.1. Additionally, the Court found that Elmwood Park Ambulance Court was a volunteer organization entitled to assert immunity under N.J.S.A. 2A:53A-13 and 2A:53A-13.1. Because the police officers and the ambulance squad were immune for all claims, Township of Elmwood Park and its police department could not be vicariously liable.

Hottenstein v. The City of Sea Isle City (Opinion)

Category: Wrongful Death

Terms: Negligence; Conscious Disregard of Risk; Section 1983 Claims; N.J. Civil Rights Act

Summary: U.S. District Court opinion (Judge Irenas) on Defendant’s Summary Judgment Motion determined that the Plaintiff did not demonstrate any type of Constitutional violations and therefore, all Section 1983 Claims were dismissed. Judge Irenas ruled that the exceptions, including “special relationship” and “state-created danger” did not apply. He also found that the Officers were entitled to good faith immunity.