Patrick Sciortino sued Mark Leo, the County of Oneida, its Department of Emergency Services, and Sheriff's Department, for the wrongful death of Anthony Sciortino.
Patrick claimed Oneida County was guilty of negligence when it failed to protect Anthony after the latter had called the Sheriff's Department seeking assistance.
After Oneida County Supreme Court denied the County's request to dismiss the case, an appeal to the Appellate Division, Fourth Department, followed.
According to the AD4, absent a "special relationship," a municipality isn't liable for its failure to protect citizens. (A "special relationship" is triggered when a party relies on a municipality's promise to act, and the latter has notice of imminent danger and is aware that inaction could result in that individual's harm.)
In this instance, the AD4 found no such "relationship" existed since Anthony hadn't relied on Oneida County's duty to act, nor mentioned any immediate danger in his phone call. (In fact, the AD4 was of the view Anthony "knowingly placed himself in a worse position.")
Risky business?
To view a copy of the Appellate Division's decision, please use this link: Sciortino v. Leo