COURT REVISITS TRAGEDY

Lisa Steinberg died on November 4, 1987, at age 6, after receiving a blow that was "equivalent to a fall from a tall flight of stairs or third-story window."

Lisa's father, Joel Steinberg, was convicted of manslaughter in the first degree and a $15 million judgment was later secured against him by the administratrix of Lisa's estate. In that lawsuit, two causes of action alleged acts of prior abuse while a third asserted that Steinberg knew of Lisa's life-threatening injury and recklessly and dangerously failed to obtain medical treatment for her.

In reaching its decision, the New York Supreme Court invoked the legal doctrine of "collateral estoppel"  and granted relief on those three claims based on Steinberg's manslaughter conviction. Of the $15 million awarded, $5 million was for Lisa's pain and suffering in the hours before her death, $5 million was for pain and suffering from past abuse, and $5 million was in punitive damages.

In a 3-2 decision -- that made no attempt to disguise the repulsion for Steinberg's insensitive submissions made to the court -- the Appellate Division, First Department, affirmed the judgment.

On appeal to the state's highest court, the case was remitted to the Supreme Court for further proceedings.

"Collateral estoppel" requires that there be an "identity of issue which has necessarily been decided in the prior action and is decisive of the present action, and there must have been a full and fair opportunity to contest the decision now said to be controlling." In this case, while evidence of past physical abuse was presented at the criminal trial, Steinberg had not been given ample opportunity to contest that evidence, nor had reason to do so, as the past abuse was not the basis of the criminal charges against him. As a result, the Court of Appeals concluded that a new trial was warranted.

Horrific.

To view a copy of the Court of Appeals's decision, please use this link:  Launders v. Steinberg