Legal Opinion

Small v. City of New York

District Court, E.D. New York

Decided July 30, 2003No. 02 CV 3163(NG)(JMA), 02 CV 3147(NG)(JMA)PublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

GERSHON, District Judge.

On August 4, 2001, defendant New York City Police Officer Joseph Gray, driving while intoxicated following a twelve hour drinking spree with several fellow officers both on and off 72nd Precinct property, struck and killed Maria DelCarmen Herrera, her son Andy M. Herrera, and her sister Dilcia Pena. Ms. Herrera was eight and one half months pregnant at the time of the accident. Her son, Ricardo Nicanol Herrera, was delivered by caesarean section at the hospital shortly after the accident, but died several hours later. Plaintiffs Marietta Small (as…

2Cases cited18 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. County of Sacramento v. LewisSupreme Court of the United States · 1998
  3. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  4. Christopher v. HarburySupreme Court of the United States · 2002
  5. Daniel J. Ciambriello v. County of Nassau, Civil Service Employees Association, Inc., Russell Rinchiuso, Richard Cotugno and Ron RoeillCourt of Appeals for the Second Circuit · 2002

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3Cited by5 opinions

  1. Pena v. DepriscoCourt of Appeals for the Second Circuit · 2005
  2. Sylvester v. City of New YorkDistrict Court, S.D. New York · 2005
  3. Henry v. Champlain Enterprises, Inc.District Court, N.D. New York · 2003
  4. Small v. City of New YorkDistrict Court, E.D. New York · 2004
  5. Fedor v. KudrakDistrict Court, D. Connecticut · 2006

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