The parents of Mark Fisher, the New Jersey college student who was murdered in Brooklyn, N.Y., after a night out drinking in Manhattan, may not pursue a “Good Samaritan” claim against the acquaintance whose offer of a place to crash for the night introduced Fisher to his killers.
“[I]t simply cannot be said that defendant assumed a voluntary duty to ‘take charge’ of plaintiffs’ decedent, even assuming that he was helpless to aid or protect himself,” Brooklyn Supreme Court Justice Lawrence Knipel held in Fisher v. DiPietro, 30319/06. “As a matter of law, no duty arose from defendant’s acts to make her subject to liability.”
