Firm News

SG Obtains Summary Judgment on Seven Figure Death Claim in the Hudson Valley

The plaintiff’s estate had commenced an action to recover damages for wrongful death stemming from a drowning at an upstate NY Hotel resort. The plaintiff’s counsel had demanded seven figures for settlement, had asserted a claim for punitive damages, and had refused to negotiate any potential settlement. SG was retained by the resort’s insurer to handle the summary judgment motion, and trial if necessary.

While the plaintiff had previously moved for summary judgment, SG had retained a liability expert to demonstrate that the theory being prosecuted by plaintiff was:

(1) Meritless;

(2) Unsupported by specific State Regulations, which up until this moment were not even addressed by counsel; and

(3) That the decedent’s personal medical background itself included an explanation of what caused the unfortunate death.

The Court agreed, denying the plaintiff’s motion, and granted summary judgment to our hotel resort client, finding that state regulations support that the actions by resort were adequate and proper, and that any common law negligence claim which survived, would likewise be defeated as the resort could not have breached any duty of care to the decedent.

SG Partners Louis U. Gasparini and Michael G. Del Vecchio handled the matter.

-Michael G. Delvecchio, Louis U. Gasparini

Wed Apr 19 2023, 12:00am