Appellate Division Denies State of New York's Appeal of Order Granting Summary Judgment to Claimants, Announces Parker & Waichman
Appellate Division Held That Contrary to State's Claim, Court of Claims Did Not Err in Determining That State of New York's Actions Were The Proximate Cause of Michelle Brey's Rape & MurderOct 28, 2004 | PrimeZone Parker & Waichman, LLP: In a recent order issued by the Supreme Court, Appellate Division, 2nd Department, New York, the Court found that the Court of Claims had correctly granted summary judgment to claimant and denied the State's cross-motion for summary judgment.
Claimant, Linda Steel, Administratrix of the Estate of Michelle Brey, deceased, commenced this action against the State of New York to recover for conscious pain and suffering and the wrongful death of her daughter, Michelle Brey, who was raped and murdered sometime between October 10, 1998 and October 12, 1998. The rape and murder of Michelle Brey occurred as a result of a New York State prison inmate and known habitual felon, Franklin Scruggs, being erroneously set free at least 13 years too soon as a result of a series of admitted ministerial errors by administrative personnel at the Suffolk County Court and mistakes made on the part of the New York State Department of Corrections.
Following his erroneous release, Franklin Scruggs viciously raped and murdered Michelle Brey in Suffolk County, New York. Michelle Brey, the mother of three young children, was last seen leaving a Suffolk County tavern with Scruggs and her beaten and strangled body was found on a Suffolk County beach on October 12, 1998.
Jerrold S. Parker, a partner in the New York law firm Parker & Waichman, said, "The family is pleased that they are finally able to put this chapter of the most tragic event of their lives behind them. They are especially comforted by the fact that as a result of this case, the New York State court system has instituted safeguards to prevent a tragedy like this from happening again. This unanimous Appellate Division decision, which upholds the previous decision of Court of Claims Judge Alan Marin, will certainly assist in allowing Linda Steel, the victim's mother who is now raising Brey's three young boys, to collect damages in this most tragic case."
A copy of the decision is available on request. Attached are previous articles concerning this event as published as a result of the lower court decision.
For Further Information, Contact:
Jerrold S. Parker Esq.
Parker & Waichman, LLP
111 Great Neck Road
Great Neck, New York 11021