Ivey Barnum & O'Mara Recovers Damages in Wrongful Death Claim

 Posted on November 05, 2015 in Personal Injury

In a heart breaking case which has recently come to a close, the New York Superior Court has determined that the City of White Plains is liable for the death of Concetta Russo Carriero, a woman who was abducted and murdered in a Westchester County parking garage. While the case is tragic,our firm is proud to have been able to hold the City responsible for their negligence and recover damages on behalf of Mrs. Carriero’s estate.

A Tragic Case

The plaintiffs in this case, our clients, were the executor of Mrs. Carriero’sestate, as well as her family members. She was killed in the Lexington/Grove Garage East, a parking garage which was owned and operated by the City of White Plains. A homeless man living at the Westchester County AirportHomeless Shelter confessed to the crime, was convicted, and is currently serving twenty-five years to life in prison.

Our firm was able to successfully argue that the City failed to make the garage reasonably safe, and failed to take reasonable precautionary measures to provide adequate security. The City fought back, essentially claiming that they did not assume any duty to make the garage reasonably safe.However, the Court ultimately found that the City was acting in a proprietary or ownership capacity, rather than a governmental capacity. Therefore,they would be subject to the same requirements any other landlord would have.

Once the Court established that the City had the same obligations as a private landlord, it became abundantly clear that their negligent approach to security was a “substantial factor in causing the death of Mrs.Russo-Carriero.”

Call Our Firm to Seek Justice

By successfully holding the City accountable for their negligence, our firm hopes to prevent future tragedies such as this one. If you or someone you love has been injured or killed due to someone else’s negligence,contact our New York personal injury attorneys today to pursue justice.We proudly stand for the rights of injury and wrongful death victims and their families, and will work tirelessly on your behalf when you retain our firm.

Our firm is proud to stand for justice. Contact us at 203-661-6000 for your free consultation.