In a wrongful death action filed on behalf of a child who was in utero when his father was killed by a Suffolk County police officer, a Brooklyn appeals panel has rejected the county's contention that the now-8-year-old boy's damages were too speculative for him to pursue the claim. The Appellate Division, Second Department, found that under the state's Estates, Powers and Trust Law, the boy presented sufficient evidence of his relationship to his father to seek damages for his death.
December 07, 2010 at 12:00 AM
1 minute read
In a wrongful death action filed on behalf of a child who was in utero when his father was killed by a Suffolk County police officer, a Brooklyn appeals panel has rejected the county’s contention that the now-8-year-old boy’s damages were too speculative for him to pursue the claim.
The Appellate Division, Second Department, found that under the state’s Estates, Powers and Trust Law, the boy presented sufficient evidence of his relationship to his father to seek damages for his death.
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