Articles

NY Court of Appeals : No control = no tort liability

February 21, 2017 | By DEBORAH LA FETRA

Last Thursday, the New York Court of Appeals unanimously relieved a drug-treatment halfway house of liability for a former resident’s subsequent assault on his mother’s boyfriend. The case, Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program (JCAP), arose when Sean Velentzas violated JCAP’s ...

Articles

Score one for “reasonable” application of tort liability

January 27, 2017 | By DEBORAH LA FETRA

When Alan Petrie was assaulted and robbed in a Houston apartment complex visitors’ parking lot at 2:00 a.m., he sued the apartment management companies for their failure to protect him. The trial court rejected his lawsuit on the grounds that the management companies owed no duty to protect him from the criminal acts of third … ...

Articles

Is a halfway house liable for a former resident’s crimes?

August 12, 2016 | By DEBORAH LA FETRA

Sean Velentzas resided at Queens Village Committee for Mental Health for Jamaica Community Adolescent Program as an alternative to incarceration. He violated the facility’s rules by drinking alcohol and assaulting another resident. Queens Village told him that, as a consequence, he was being discharged from the program. When Velentzas became ...

Articles

California businesses have no common law duty to provide AEDs

June 23, 2014 | By DEBORAH LA FETRA

Today, in Verdugo v. Target, the California Supreme Court unanimously held that state tort law does not require businesses to purchase, maintain, and train employees to use Automatic External Defibrillators (AEDS) if a customer is stricken with a heart attack.  The case arose when Mary Ann Verdugo suffered sudden cardiac arrest while shopping at T ...