Sterling v. City of Albany

This tragic case is a wrongful death action brought by decedent’s personal representative against the City of Albany and two officers of the Albany Police Department. Plaintiff appeals after a jury verdict for defendants, asserting that the trial court erred in refusing to strike certain allegations set forth as affirmative defenses from defendants’ Second Amended Answer. No other errors are assigned.

We summarize the facts from the viewpoint most favorable to defendants. Plaintiff’s decedent was a co-owner of the Bull N’Bear Restaurant in Albany. In the two months that he and his partner had…