Criminal Negligence
Confidential PRESENT VALUE RECOVERY – Negligent failure of police officers to provide supervision in cell following arrest for stabbing ex-wife – Decedent commits suicide by hanging himself.
Hudson County
The evidence disclosed that after the ex-wife visited the decedent regarding some paperwork at the completion of the divorce, the decedent stabbed her in the chest. The plaintiff contended that the ex-wife, who was conscious, warned the officers that the husband was extremely despondent about the divorce and might attempt to hurt himself. The plaintiff contended that the warning was reiterated when one of the three emancipated children visited the police station to bring his father’s blood pressure medication. The plaintiff contended that despite these warnings and the use of a closed circuit television system, the officers failed to observe the decedent hang himself with his shirt. The defendant maintained that the officers were coordinating the response to a five alarm fire, which had come in and maintained that in view of this factor, the failure to observe the television monitor was understandable. The plaintiff countered that in view of the fact that the monitor was in full view, such observations should clearly have nonetheless been made. The case was brought on behalf of the three emancipated children, ages 18, 19 and 21. The plaintiffs contended that they were very close to their father and that the loss of guidance and advice was extensive. The plaintiff made no income claims. The plaintiff’s forensic pathologist contended that the death would take three to five minutes and the plaintiff contended that if observations of the monitor had been made, the suicide could have been prevented. The plaintiff would have argued that the pain and suffering was severe and it would be likely that during the ordeal, the decedent would have struggled to survive, realizing the mistake he had made and that he, in fact, was suffering. The plaintiff had moved for an order compelling the defendant to turn over the results of its internal investigation during discovery. The defendant had argued that the disclosure of this self-critical analysis would have a chilling effect on self-investigations and that it was entitled to withhold this information under applicable case law. The court granted the plaintiff’s motion. The defendant appealed and the Appellate Division remanded for more specificity for the basis of the trial court’s ruling. The case then settled for Confidential. A portion was placed in a structure with an ultimate payout of $450,000.
Reference
Plaintiff’s correctional procedures expert: Thomas Rosazza of Rosazza Assoc., Inc., in Colorado Springs, Co. Plaintiff’s forensic pathologist: Mark L. Taff from West Hempstead, N.Y.
Plt: Hernandez. Docket no. L-7558-94; Judge George P. Moser, 12-97.
Attorney for plaintiff: Frank S. Gaudio.
