Skip to comments.Subway Stabbing Victim Can't Sue NYPD For Failing To Save Him(feet away, no duty to protect0
Posted on 08/03/2013 6:54:14 AM PDT by marktwain
A man who was brutally stabbed by Brooklyn subway slasher Maksim Gelman two years ago had his negligence case against the city dismissed in court yesterday, despite the fact that two transit officers had locked themselves in a motorman's car only a few feet from him at the time of the attack.
Gelman stabbed Joseph Lozito in the face, neck, hands and head on an uptown 3 train in February 2011, after fatally stabbing four people and injuring three others in a 28-hour period. Lozito, a father of two and an avid martial arts fan, was able to tackle Gelman and hold him down, and Gelman was eventually arrested by the transit officers. Lozito sued the city, arguing that the police officers had locked themselves in the conductor's car and failed to come to his aid in time.
The city, meanwhile, claimed that the NYPD had no "special duty" to intervene at the time, and that they were in the motorman's car because they believed Gelman had a gun. And Manhattan Supreme Court Justice Margaret Chan has sided with the city, noting that there was no evidence the cops were aware Lozito was in danger at the time.
(Excerpt) Read more at gothamist.com ...
Effect of the Law New York's Good Samaritan law carves out specific circumstances when an individual shall not be held liable for ordinary negligence in attempting to render medical assistance. Instead, they will only be held liable in cases of gross negligence. Gross Negligence Simply put, negligence is a failure to exercise ordinary care. Gross negligence means a failure to use even slight care, or is conduct that is so careless as to show complete disregard for the rights and safety of others. When it Applies The law isn't found in one centralized part, but rather integrated into various provisions of the NY Public Health Law and the NY Education Law. Importantly, New York's Good Samaritan law is limited to medical treatment or assistance. The heart of the law is found in Pub. Health Law §3000-a, which provides in part: Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.
Article Source: http://EzineArticles.com/1564360
But don’t protect yourself. That’s a felony.
Their duty is to ENFORCE the law. If in doing that they provide some sort of protection, that’s a bonus! The 1981 ‘Warren vs DC’ court decision established that police have a duty to provide ‘protection’ to the collective community but are under NO legal obligation to provide protection to individual ‘free’ citizens. I believe that is why there has been no successful legal action brought by a ‘free’ citizen against a policemen, a police department, a city, a county, a state, or any government agency on the basis of ‘Failure to Protect’.
The city, meanwhile, claimed that the NYPD had no "special duty" to intervene at the time, and that they were in the motorman's car because they believed Gelman had a gun.
And if Joseph Lozito had used a firearm instead, the coward cops would have been out of that motorman's car in a heartbeat to arrest him.
Oh, *THAT* makes it ALL better.
Yep. You are a slave.
Unless you are a member of the elite. A rock star or a Donald Trump or Howard Stern. Then You may protect yourself.
Heaven be thanked the citizen didn’t have a gun: the poor criminal could have been injured or even killed.
Well, they can draw chalk outlines around the victims' bodies.
He should sue Bloomberg for unconstitutionally infringing on his 2nd amendment right to defend himself.
When seconds count, the police are only minutes....errr..FEET...away.
In the Police States of America, cops exist to collect taxes from motorists and to crush your pets to death when they raid your home over unpaid jaywalking tickets.
He should screamed: "He's a fare dodger!!!"
22 NYPD Officers Show Up to Arrest a Single Fare Dodger on New York Subway!
If they had no evidence that the victim was in danger, why were they locked in the cab?
I recommend that New Yorkers print a copy of this ruling and carry it with them as their Concealed Carry Permit.
I used to recommend carry a copy of the Bill of Rights or the Second Amendment, but the cops and courts don’t seem to recognize those anymore.
Even in Chicago?
I am willing to donate to a fund for Lazio to advertise the cowardice of these officers.
Then how come if an LEO orders me to assist him and I don't I can be charged and prosecuted?
The modest Lozito told us the cops and the EMTs were the real heroes.
"I am alive because of the police," he said.
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