Ostrowski v. West Seneca

[dtwarren]

This was a tragic and sad incident but I think this was a reach:

http://www.nycourts.gov/ad4/Court/De...9/PDF/0573.pdf

[Ragin]

This was a tragic and sad incident but I think this was a reach:

http://www.nycourts.gov/ad4/Court/De...9/PDF/0573.pdf

I remember the case.

Was the town the only defendant, or did they sue the county too?

[Surfing USA]

This is ridiculous. Whatever happened to personal responsibility?

Is the government supposed to babysit everyone's kids?

[dtwarren]

I remember the case.

Was the town the only defendant, or did they sue the county too?

I can't tell at the moment of they did, from the caption they at least named the driver of the car, not so sure on the county but you would expect them to be named. It is typical in personal injury cases to name everyone under the sun just in case the main defendant tries to point at the empty chair, but once the trial court found no duty due to no ownership or control all the other defendants were bound by that so I do not understand the plaintiff appealing.

[Spirit of Ebenezer]

I'm confused, what is the rationale for the starting of this thread pertaining to an all around truly sad set of circumstances

[dtwarren]

It was an action against the town that sought to hold the town and its taxpayers financially responsible for the sad set of circumstances. Although I believe that it was an open question whether or not the town should have been named a defendant in the first place, I thin it was a reach to pursue an appeal based on the trial court's opinion.

[Spirit of Ebenezer]

I think it was insensitive to re-hash this situation, regardless of it's outcome.

[Tree_hugger29]

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Entered: April 24, 2009