Estate of Naitil Desir v. Vertus

The issue before the Supreme Court in this case was whether the shooting death of an individual by a criminal fleeing from a business gives rise to a cause of action sounding in tort on behalf of the decedent's estate against the owner of the business premises. The Supreme Court held that based on the facts in this case, the Appellate Division erred in imposing a duty of care on a person who left his premises and requested that a neighbor use a telephone to call the premises, who told the neighbor what he had observed before he left the premises, but who then failed to prevent the neighbor from going to the scene where he encountered a fleeing robber who shot him. View "Estate of Naitil Desir v. Vertus" on Justia Law