Tort Law
NY Lawyer Loses Lawsuit Over Stabbing of His Baby
Posted May 7, 2008, 12:05 pm CDT
By Martha Neil
A divided appeals court has ruled that a New York lawyer and his wife cannot proceed with a lawsuit over the stabbing of their then-10-month-old baby by a resident of a supportive living facility in Washington Heights.
There wasn't sufficient evidence pled in the complaint to establish that the operator of the facility should have known that the resident, Bernard Derr, was a danger to the community, and hence could be held liable for negligent supervision, the Appellate Division, 1st Department, said in a 3-2 written opinion yesterday.
The majority also found that a prerequisite "special relationship" between the operator, the Federation Employment and Guidance Service, and the baby, Isabella Avins, was lacking, reports the New York Law Journal, in an article reprinted by New York Lawyer (reg. req.).
In a widely reported incident, the baby was allegedly stabbed in her stroller by Derr on Sept. 7, 2005, as her nanny fought him off. Although her aorta was severed, she survived. However, she has permanent injuries, her parents allege.
The baby's father is Jon Avins, an associate at Kasowitz Benson Torres & Friedman.
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