A Capehart Scatchard Blog

Wrongful Death

Appellate Division Finds Plaintiff’s Wrongful Death Lawsuit Against Decedents’ Employer Failed To Meet Intentional Wrong Exception Of Workers’ Compensation Act

By on July 23, 2021 in Wrongful Death with 0 Comments

Two employees, Oscar Portillo and Selvin Zelayal, were killed when a trench collapsed on top of them while installing a drainage system.  Their respective estates sued the decedents’ employer, Defendant Bednar Landscaping Services, Inc., and co-employees Keith Bednar, Peter Liberatore, and Christopher Liberatore for wrongful death.  The issue in Estate of Oscar Portillo v. Bednar […]

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Expert Testimony Not Needed to Substantiate Pecuniary Value of Loss of Child’s Advice, Guidance, and Companionship in Wrongful Death Action

By on March 15, 2019 in Wrongful Death with 0 Comments

This case arises from a tragic highway collision in which the defendant Stephen Rando’s SUV fatally struck the plaintiff’s son, Patrick Dutton, as he was riding his bicycle. The jury found that the defendant was 60% responsible for the accident while the plaintiff’s son Patrick was 40% responsible. The jury awarded the plaintiff, Patrick’s mother, […]

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