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Estate of Sauickie v. City of New York

NYPD Did Not Owe FDR Drive Crash Victim 'Special Duty' Making Them Liable for Negligence

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The Estate of Thomas Sauickie, Jr., by its administratrix ad prosequendum, Tracie J. Orr, Tracie J. Orr, individually, and Chloe Sauickie, by her g/a/l, Tracie J. Orr, Plaintiffsv.City of New York, New York City Police Department, Fire Department of The City of New York, Fire Department of New York City Emergency Medical Services, Moises M. Clase, Caridad A. Clase, John Does (1-5), and ABC Corp. (1-5), Defendants

OPINION AND ORDER  The Estate of Thomas Sauickie, Jr., Tracie J. Orr, individually and as administratrix ad prosequendum of the Estate, and Chloe Sauickie, by her guardian ad litem Tracie J. Orr (collectively, “Plaintiffs”), bring this diversity action against the City of New York, the New York City Police Department (“NYPD”), the Fire Department of the City of New York, the Fire Department of New York City Emergency Medical Services (collectively, the “City Defendants”), Moises M. Clase, and Caridad A. Clase (collectively, the “Clase Defendants”). Plaintiffs allege that the City Defendants were negligent in failing to respond to the scene of a motor vehicle accident involving Plaintiffs, which resulted in the death of Thomas Sauickie, Jr. The City Defendants have moved to dismiss the First Amended Complaint (“FAC”) for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, the City Defendants’ motion to dismiss is GRANTED. I. Factual and Procedural Background1On January 21, 2016, at approximately 5:00 p.m., Thomas Sauickie, Jr., his wife Tracie J. Orr, and their daughter Chloe Sauickie were traveling in their car on the FDR Drive near East 42nd Street in New York City when they were involved in an automobile accident with another car. FAC

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