Personal Injury Law Firm in Seattle Washington. Free case evaluation 206-335-3880
Evan Oshan on Good Morning America.
Evan M. Oshan is a well-connected lawyer who handles high-profile cases nationally and internationally. He is unlike any conventional lawyer and has a heavy dose of creativity. He understands that “no two matters are the same” and each case or client has to be treated differently. Every matter requires its own unique solution and ‘out of the box’ thinking.
Evan M. Oshan and his team are not afraid to go against powerful corporations or the government. With his ‘never say defeat’ spirit and his push to represent the best of his Clients' interests Evan M. Oshan has been called a warrior for justice.
Evan M. Oshan was quoted, featured and interviewed in hundreds of news publications worldwide including but not limited to: New York Post, TMZ, ABC, CBS, NBC, Washington Post, FOX, Inside Edition, The Seattle Times, Los Angeles Times, The Washington Times, CNBC, New York Post, CNN, New York Daily News, Metro UK, People, PBS and more.
Internal Affairs Investigation launched due to the alleged failure to investigate the shooting death by Seattle Police Department
SEATTLE, June 8, 2023 /PRNewswire/ -- Today, Evan Oshan, of Oshan & Associates (Oshan Law), filed summons and complaint against the City of Seattle, County King, and the State of Washington on behalf of the Estate of Antonio Mays Jr., and his father, Antonio Mays Sr. Government officials were on NOTICE of the dangerous situation connected to the CHOP/CHAZ zone well in advance of the death of Antonio Mays Jr., which occurred on June 29, 2020 - nine days following the shooting death of Lorenzo Anderson. The Complaint alleges compelling exhibits such as a forensic report of expert Brandon Leatha, which establishes how some 27,000 text messages were destroyed by city officials, a Federal Judge's order fining and sanctioning City of Seattle some $600,000 for spoliation of evidence, and much more.
The lawsuit and Judge's Order can be viewed directly below:
https://www.docdroid.net/zGflatF/complaint-antonio-mays-jr-pdf
An internal affairs complaint was filed which alleges the incident did not comply with regular police procedures and protocols that resulted in the shooting death of Antonio Mays Jr. - a black teen who came to Seattle to participate in the civil rights movement following the George Floyd murder. The lawsuit further asserts that while attempting to escape the CHOP ZONE, Antonio Mays Jr. was shot by a makeshift police force - Chop Cops which were under the direction of Seattle City officials.
Approximately 3 years have gone by since Antonio Mays Jr. was killed and no suspect has been taken into custody, even though there are multiple video and audio footages showing the incident of Antonio Mays Jr., even though the family has made numerous update inquiries. A complaint has been filed with the Seattle Department of Internal Affairs.
The Internal Affairs complaint and incident can be viewed directly below:
https://www.docdroid.net/dCyuX3b/internal-affairs-complaintdocx-pdf
https://www.youtube.com/watch?v=_K0tXOBPMHA
The Seattle Office of the Inspector discovered and outlines the multiple failures associated with the CHOP ZONE in the Sentinel Event Review of Police Response to 2020 Protests in Seattle, which can be found below:
https://www.seattle.gov/documents/Departments/OIG/Sentinel%20Event%20Review/Wave3ReportFinal.pdf
Father of the late Antonio Mays Jr. and attorney Oshan are available for in-person interviews in Seattle at the Washington Athletic Club on June 8th, 9:30 AM until 11:30 AM. Interviews will also be made available by Zoom.
Contact:
Evan M. Oshan/ Evan@oshanandassociates.com
206.335.3880 Voice/Text
The father of a teen fatally shot in Seattle’s Capitol Hill Organized Protest zone in 2020 has filed a wrongful death lawsuit against the city for encouraging “lawlessness to reign,” new court papers show.
Antonio Mays Jr., 16, and a 14-year-old boy were shot by makeshift security in the lawless autonomous zone on June 29, 2020, as they tried to flee in a white Jeep.
The CHOP zone was “abandoned without a working plan to provide essential services,” leading to a botched effort by paramedics to reach Mays — and a late police response that allowed for crime-scene tampering, the suit from Antonio Mays Sr. charges.
The suit names the city, county, state and others.
While the alleged assailant was caught on video, there’s still been no arrest in the case, said the dad’s lawyer, Evan Oshan.
“Despite knowledge of the violence, chaos, danger, and potential danger, Seattle leaders failed Antonio and encouraged lawlessness to reign,” the suit charges.
After the teens were shot early that morning, CHOP zone good Samaritans arranged to take Mays Jr. out of the area and to paramedics who could rush him to the hospital, according to a suit filed Thursday in a Washington court.
But when they arrived at the pre-arranged meeting spot, “the paramedics did a U-turn and sped away in the other direction,” the filing claims.
One of the good Samaritans claimed “it took us probably 15 minutes just chasing one paramedic around” on a “high-speed chase” before they finally made contact, the suit says. They finally reached paramedics in a parking lot, but Mays had already died, the filing says, citing the good Samaritan.
The younger boy, survived the shooting attack.
The was no “resuscitation done by the paramedics, nothing, they just bagged him up,” the filing said, quoting the good Samaritan.
Mays “had suffered a painful and gruesome death. He died in agony from his wounds,” the suit claims.
The ambulance crew allegedly thought the good Samaritans were “a threat,” a spokesperson with the Fire Department said the day after the teen’s death.
‘Instead of fulfilling their duty to Antonio, the paramedics refused to provide medical assistance, despite knowing it was urgently needed,” the lawsuit charges.
The Seattle Police Department didn’t arrive at the shooting scene until about five hours later, after it had already been tampered with, “making the collection of evidence difficult,” the suit claims.
Mays had come to Seattle from his home in California for what he thought would be peaceful protests over the police-involved death of black man George Floyd in Minneapolis, the suit says.
Mays “was lured” into the area by then-Mayor Jenny Durkan’s “positive statements about the area,” the suit claims. “Sadly, Antonio soon realized that there was nothing peaceful about CHOP.”
The city should have known how dangerous the area had become; 19-year-old Lorenzo Anderson was shot nine days prior and died of his wound because an ambulance allegedly took so long to arrive.
Both teens’ deaths led to the shutdown of the autonomous zone on July 1, 2020.
“On this third anniversary of the Chop Zone we declare that we will obtain justice for Antonio Mays, Junior who unnecessarily lost his life due to politicized wrongdoing by Seattle City officials that allowed anarchy to run amok,” Oshan said in a statement.
Mays Sr. said he was forced to take legal action because he got no answers from officials about his son’s death.
“All of the city officials that contributed to my son’s death need to be held accountable,” Mays Sr. said. “This lawsuit and complaint is not about money, it’s about getting justice for my son.”
Seattle police and the city attorney declined to comment on the pending litigation. The other defendants didn’t immediately return requests for comment.
FOR THE FULL VIDEO CLICK BELOW LINK:
SEATTLE — A new lawsuit has been filed against the city of Seattle, King County and Washington state over the protests that turned part of Capitol Hill into the occupied protest zone, or CHOP zone.
The father of Antonio Mays Jr. said those named in the lawsuit are responsible for his 16-year-old son's death in June 2020.
Mays was shot and killed nine days after the death of Lorenzo Anderson, who was also in the CHOP zone.
"My son should have been protected, but he was assaulted," Antonio Mays Sr. said. "He was murdered by those same people who were supposed to be standing against the very act that they committed."
The complaint states officials "allowed lawlessness" at CHOP and later intentionally hid evidence that could've incriminated them.
No arrest has been made in connection to Mays' death.
The King County Prosecutor has reached a conviction in one of the 2020 Capitol Hill Occupied Protest zone murders but the victim’s mother says this wasn’t the justice she was seeking.
“They want to drown what happened in the CHOP out,” Donnitta Marie Sinclair tells CHS.
Thursday, prosecutors reached a deal with attorneys for Marcel Long, the teen who gunned down 19-year-old Horace Lorenzo Anderson, Jr. on the edge of CHOP in June 2020, to plead guilty to a reduced charge of second degree murder.
“There is never a guarantee of what a jury will do, even in a case such as this one,” a statement from Prosecutor Leesa Manion’s office reads. “Today’s guilty plea and the upcoming sentencing ensures that Mr. Long will have clear accountability for this murder conviction.”
Long’s trial was set to begin later this month.
Prosecutors say Long, then 18, shot and killed Anderson at 10th and Pine in a June 2020 fracas after what witnesses said was a night of gambling and fireworks as crowds gathered and the CHOP zone took shape amid Black Lives Matter demonstrations, community meetings and film screenings, and art.
The murder and the militarized response by police who had abandoned patrols in the area and swept in as Anderson was being treated by camp medics on the Rancho Bravo patio sent a shock through the city. Tensions rose quickly around CHOP as increased security and firearms began to appear.
Heavy criticism of SPD also grew as video and reporting spread describing officers staging near the shooting scene and marching in as a large group with shields and riot gear after valuable minutes had elapsed. SPD had cleared out the nearby East Precinct headquarters and declined to respond to most non-life threatening 911 dispatches in the area around the CHOP camp and Cal Anderson.
A week later, 16-year-old Antonio Mays, Jr. was shot and killed and a 14-year-old boy riding with him suffered critical injuries on a night of driveby fears and uncertainty including the stolen jeep speeding across Cal Anderson and through the protest camp before a confrontation on 12th Ave that ended in bloodshed. Days after that, then-Mayor Jenny Durkan ordered Seattle Police to sweep the camp.
According to court documents, Long was identified in the days following the June 20th murder but was believed to have left the state and the whereabouts of the Renton resident remained unknown. He was was wanted on a $2 million warrant. Long was arrested a year later in Des Moines, Washington by a U.S. Marshals led task force.
In 2021, a federal judge dismissed a wrongful death lawsuit brought by Sinclair against the city and a subsequent appeal was also denied. Meanwhile, in 2022, the city settled a separate suit brought by Anderson’s father. In that suit, lawyers for Horace Anderson at Oshan and Associates named Durkan and District 3 City Councilmember Kshama Sawant as defendants along with the city for allowing the protest zone to form.
Sinclair says this week’s plea deal for Long is an “injustice” as she believes prosecutors and city officials wanted to avoid a public trial involving the weeks around the abandonment of the East Precinct and the formation of CHOP.
“Our system let us down,” Sinclair said.
Long is now scheduled to be sentenced on June 30th and faces around 14 to 15 years in prison, Sinclair said she has been told.
“But this young man can now start his rehabilitation,” she said.
The Antonio Mays, Jr. murder investigation, meanwhile, remains open. Seattle Police have publicly released no suspect information and there have been no arrests.
Family Suing Seattle Over Son’sDeath in Autonomous Zone - THE EPOCH TIMES
SEATTLE, June 13, 2022 /PRNewswire/ -- Wrongful death lawsuit filed by Evan M. Oshan of Oshan & Associates, P.C. (Oshan Law) on behalf of the father of Lorenzo Anderson and the personal representative for the Lorenzo Anderson Estate settled. The city of Seattle paid $500,000.00 to settle a wrongful death lawsuit filed by the father of a 19-year-old special needs youth shot and killed after Seattle police abandoned their East Precinct on Capitol Hill during racial justice protest in June 2020. https://komonews.com/news/local/seattle-pays-500000-to-settle-wrongful-death-lawsuit-in-chop-shooting
Evan M. Oshan lawyer for Horace Anderson father of the late Lorenzo Anderson and the Estate of Lorenzo Anderson filed a lawsuit in King County Superior Court in November 2021, naming then-Mayor Jenny Durkin, Councilmember Kshama Sawant, and the city of Seattle. The lawsuit alleged the city of Seattle and its leaders encouraged participants in the so-called CHOP – Capital Hill Occupied Protest- to break the law and "undermine the safety of others" for political theatre. According to the lawsuit police and first responders were unable or unwilling to enter the CHOP zone to search for a suspect or conduct an investigation for hours after the shooting as a result of directives set forth by Seattle leadership. The original lawsuit can be viewed at https://pdfhost.io/v/sfFcQB1vU_Complaint.
Oshan, asserts the lawsuit was intended to "shock" the city of Seattle and its leaders into realizing the impact of their actions and inactions on Capitol Hill and their failure to allow law enforcement and first responders the ability to do their job and protect their citizens. Oshan goes on to assert "this lawsuit was not about money but about government accountability". Through this settlement the goal of awakening the city of Seattle and its elected officials to provide and promote a safe environment has been accomplished. There is now a new Mayor in place in Seattle and it is the hope of the father Horace Anderson that his son Lorenzo Andersons' death not be in vain and the new Mayor of Seattle will work to bridge the gap between its citizens and law enforcement and reduce gun violence. "For more information on Horace Anderson's pre-lawsuit "Bridge the Gap" proposal, see:" https://apnews.com/press-release/pr-newswire/9a4cdb260d18edc5838bdd7d01f7b6e7
Press Contacts
Evan Oshan- evan@oshanandassociates.com, 206 335 3880- Text, 646 421 4062- Cell
Filing follows notice of claims filed on behalf of Lorenzo Anderson, a 19-year old special needs teen who was left to die near the CHOP Zone
SEATTLE, Nov. 3, 2021 /PRNewswire/ -- The first lawsuit brought on behalf of the Estate of Lorenzo Anderson and father Horace Anderson filed today holds Seattle Mayor Jenny Durkin, Councilmember Kshama Sawant, and the City of Seattle responsible for the wrongful death of Lorenzo Anderson the 19 year old special needs teen that was killed near the Capitol Hill Occupied Protest (CHOP) Zone on June 20, 2020. The bombshell lawsuit was filed by Evan M. Oshan of Oshan and Associates (Oshan Law) in King County Superior Court today and can be viewed at https://pdfhost.io/v/sfFcQB1vU_Complaint. This follows on a previously announced Notice of Claims in May of this year.
The 40-page complaint provides a chronology of events which encourage the CHOP Zone- A seven block police-free protest zone that the Mayor, City Council and other government entities allowed to develop creating a lawless environment. Over 2400 pages of exhibits provide ample evidence to support the 11 causes of action outlined in the complaint which shows how the actions and inactions by the defendants were directly responsible for the chaos promoted and encouraged that lead to the wrongful and preventable death of Lorenzo Anderson.
Some key exhibits include a judicial reprimand of Councilmember Kshama Sawant, over 300 pages of invoices showing funds mismanaged to promote the CHOP Zone where lawlessness reigned. Additional exhibits show how Seattle Emergency Medical Service personnel and Seattle Police officers were nearby and available to help the dying Lorenzo when 911 calls were received yet they failed to perform their duties as public servants and render aid as a result of failed Seattle leadership. Other exhibits further show the extreme suffering that Lorenzo endured before his death and establish that he would have survived the shooting if help was rendered.
"In order for Justice to be served, all responsible parties regardless of their position in government must be held accountable," said Evan M. Oshan, attorney for the Lorenzo Andersons' Estate. "We entrust our leaders to protect public safety, and there is no excuse for the willful indifference and pattern of inaction that lead to Lorenzo's wrongful death. The lawlessness that was allowed to reign in Seattle is not acceptable and will not go unpunished." Oshan asserts "this complaint is brought in King County so a Seattle Jury can hear the facts and evidence, Washington law supports our claims and is the correct venue for justice to be served!"
Oshan asserts: "This case is about freedom from the tyrannical rule of incompetent government leadership. I am a firm believer in our American legal system and have confidence that justice will prevail!"
Attorney Evan M. Oshan & Horace Anderson- Father of The Late Lorenzo Anderson are available for in studio or zoom interview.
Exhibits available upon request.
Press Contact
Evan M. Oshan
evan@oshanandassociates.com
206 335 3880- Text or Voice
Federal and State Complaints Filed Against Seattle Healthcare Providers
SEATTLE, June 29, 2021 /PRNewswire/ -- Federal and state complaints, which were filed today by father Kevin Bolton represented by Oshan & Associates P.C., allege that the death of Kaloni Bolton, a 12-year old Black girl with asthma, was caused after she was denied appropriate medical treatment by Seattle's Renton Landing Urgent Care Clinic and North Benson Urgent Care Clinic -- both overseen by Valley Medical Center. The complaints were filed with the U.S. Department of Justice, Washington Human Rights Commission and Washington Medical Board.
According to the complaints, on December 29, 2020, Kaloni gasped for air and cried out "I can't breathe" as she plead for medical care but was denied treatment for asthma difficulty.
Rather than deliver basic and essential care, the staff at Renton Landing Urgent Care Clinic directed Kaloni to North Benson Urgent Care Clinic, where she was ordered by hospital staff to wait in the car. After approximately 30 minutes without basic medical treatment, Kaloni became nonresponsive and was transported to Seattle Children's Hospital, where she was pronounced dead several days later.
Since Kaloni's death last December, there has been a public outcry demanding justice. Kevin Bolton, Kaloni's father, demands answers and an independent inquiry into the facts and circumstances surrounding his daughter's death.
"I want to know what happened to my angel," said Mr. Bolton. "I demand to know why my daughter was denied medical treatment."
Mr. Bolton is represented by Evan Oshan of Oshan & Associates, who is calling for a thorough investigation into the facts in order to determine the next course of action.
"The complaints that have been filed are a major step on the path to obtaining justice for Kaloni Bolton, her family and the community," said Mr. Oshan. "We need to know what role racism and medical negligence played in Kaloni's death, as she would still be alive today if she was provided the appropriate medical treatment."
Mr. Oshan added the specter of systemic issues with Valley Medical Center given it operates both Renton Landing Urgent Care Clinic and North Benson Urgent Care Clinic.
Kevin Bolton (Kaloni's father) and Evan Oshan of Oshan & Associates are available for zoom interviews.
Contact: Evan Oshan /evan@oshanandassociates.com/ 206.335.3880 - Voice & Text
SEATTLE, May 5, 2021 /PRNewswire/ -- Notice of Claims were filed today by Evan M. Oshan of Oshan & Associates, P.C. (Oshan Law) on behalf of the personal representative for the Lorenzo Anderson Estate.
https://pdfhost.io/v/AwrXoyP3v_FINAL_ANDERSON_STATE_CLAIMpdf.pdf
https://pdfhost.io/v/9v~9mbjTB_FINAL_ANDERSON_KING_COUNTY_CLAIM2pdf.pdf
https://pdfhost.io/v/.kxCOYLn3_FINAL_ANDERSON_CITY_CLAIM2pdf.pdf
NY POST ARTICLE:
https://nypost.com/2021/05/05/seattle-paramedics-left-teen-to-die-in-chop-zone-lawsuit/
The claims outline various duties breached by government officials. The inactions by the defendants were directly responsible for the death of Lorenzo Anderson.
Lorenzo Anderson, 19, was shot several times on June 20, 2020 right outside of the city's Capitol Hill Organized Protest (CHOP ZONE) area – a seven block zone that sprung due to Black Lives Matter protests after the murder of George Floyd.
New facts establish that the defendants breached their duty of reasonable care to protect Lorenzo, resulting in his wrongful death. Facts include but is not limited to data detailing how Seattle Emergency Medical Service personnel and Seattle Police officers were minutes if not seconds away from Lorenzo when 911 calls began coming in and according to Oshan "failed to maintain their duties as public servants and render aid as Lorenzo Anderson bled to death from gunshot wounds".
911 calls came in at 2:19 a.m. The fire department would not respond without police clearance- police clearance was not given. The police finally arrived at the CHOP zone not even at the location of the shooting at 2:39 a.m. Ultimately Lorenzo was transported by civilians to Harbor View Medical Center where he was pronounced dead at 2:45 a.m.
Oshan believes: "The people and institutions we entrust to protect public safety must not be rewarded for their incompetence, indifference and inaction leading to the wrongful death of citizens. They need to be held accountable for their contemptible conduct that encouraged lawlessness to reign. Justice will reign and the negligent governmental actions will be held accountable."
Oshan goes on to assert, "I look forward to the discovery process and the trial when truth will ultimately be solidified." I firmly believe in our jury system and am confident that the people will decide what justice looks like." Individuals and the government will not hide behind governmental immunity and will be held accountable". Oshan further asserts, "if through the discovery process it is determined any of the negligent acts were intentional then those actions will also be appropriately through the legal system."
An autopsy revealed that Anderson was shot several times however none of the shots were fatal or hit major organs, according to the claims and Evan Oshan, the attorney representing Anderson's estate.
Oshan alleges in the claims the Seattle Police Department, Seattle Emergency Medical Services, Mayor Jenny Durkin, the Seattle City Council and the state of Washington were negligent and "breached the duty of reasonable care" owed to Anderson and caused a death "Lorenzo Andersons death was both preventable and predictable".
Attorney Evan Oshan & Father of The Late Lorenzo Anderson- Available for comment and zoom interview
Press Contacts
Evan Oshan- evan@oshanandassociates.com, 206 335 3880- Text or Voice
SOURCE Oshan & Associates, P.C.
Aug 27, 2020
"It is important to hold our government leaders accountable so this will not happen again," said Attorney Evan Oshan in a prepared statement.
SEATTLE, Aug. 27, 2020 /PRNewswire/ -- Horace Anderson- father of Lorenzo Anderson -- the special needs teenager murdered on June 20, 2020 amid the lawlessness that occurred within Seattle's seven-block zone known as "CHOP/CHAZ" – has filed 3 separate $1 billion claims against the City of Seattle, the County of King and the State of Washington. It is by far the largest claim filed in connection to the government's failure to protect its citizens amid the CHOP/CHAZ fiasco. Additional documentation for the claims can be seen here.
The claim was filed today by Oshan & Associates, P.C. (Oshan Law) on behalf of Horace Anderson. It claims that the actions and inactions by the City of Seattle, County of King and State of Washington are directly responsible for creating a hazardous, and lawless situation that resulted in the shooting death of his son.
Attorney Evan M. Oshan said, "This case warrants punitive or exemplary damages in order to punish the City of Seattle, County of King, the State of Washington and their agents for their outrageous conduct that allowed lawlessness to reign. Such failure to protect citizens must not be allowed to happen again."
"It is important to hold our government leaders accountable so this will not happen again," added Mr. Oshan. "Those in positions of power must not be allowed to hide from their duty to act responsibly and protect citizens. With power and prestige comes responsibility!"
SEATTLE, Aug. 11, 2020 /PRNewswire/ -- High-profile personal injury attorney Evan M. Oshan of Oshan and Associates is representing Horace Anderson and advocating a petition for change following the tragic death of his son Lorenzo Anderson.
According to attorney Evan M. Oshan; Horace Anderson has launched a petition in honor of his late son named "Bridge the Gap". The goal is to bridge the gap between those who want to DEFUND the police and those who want to DEFEND the police. Bridge the Gap will be composed of law-abiding citizens of the community who will work with law enforcement to establish neighborhood watch and safe zones.
Oshan goes on, "if we do not build bridges we risk falling into the abyss."
"A just society requires justice."
August 6, 2020
WRONGFUL DEATH LAWSUIT FILED TODAY ALLEGES 2019 MASS CASUALTY FATAL FIRE IN NEW YORK CITY HOUSING AUTHORITY’S “DEATH TRAP” HARLEM BUILDING WAS PREDICTABLE AND PREVENTABLE
Filing follows $2.2 billion pre-suit claim against NYCHA on behalf of the six fire victims
NEW YORK CITY – Wrongful death and negligence lawsuits have been filed against the New York City Housing Authority (NYCHA) on behalf of four of the six Harlem “death trap” apartment building fire victims – including a mother and her four young children – alleging that the May 8, 2019 inferno was predictable and preventable, according to attorney Evan M. Oshan. The separate but related filings (Estates of Andrea Pollidore, minors B.P. and N.P, Mahmoud Ibn Talib Abdul-Rauf. v New York City Housing Authority et al., NY STATE SUPREME COURT), follow Mr. Oshan’s pre-suit claim for $2.2 billion against the “historically and institutionally inept” agency on behalf of the victims resulting from the catastrophe that shocked the city and nation.
Mr. Oshan, of Oshan & Associates, (Oshan Law) along with counsel from Saltz Mongeluzzi & Bendesky, PC, ( SM&B) and Morelli Law Firm (Morelli Law) filed complaints yesterday in New York State Supreme Court. They detail the historical failures of the NYCHA, link the alleged lethal lapses to the actual cause of the early morning two-bedroom unit fire, requests a jury trial, and calls for unspecified compensatory and punitive damages. The attorneys filed on behalf of the estate administrators for Andrea Pollidore, 45, her minor daughters B.P., 6, and N.P., 11, and Jamilla Abdullah, mother of Mahmoud Ibn Talib Abdul-Rauf, 33, a family friend who was visiting the Pollidores in apartment 5-G of the Frederick E. Samuels Apartment along West 142nd St. at Adam Clayton Powell Boulevard. Mrs. Pollidore’s two young sons were also killed in the fire.
“This complaint is the next major step on the path to justice for the victims of a devastating fire in a death trap apartment that we now know was clearly predictable and easily preventable if only the defendants had properly done their jobs and maintained the building,” said Mr. Oshan.
As alleged, the victims would unquestionably be alive today if the NYCHA defendants and their employees, not engaged in a long and well documented pattern of intentional and grossly negligent conduct that constituted reckless indifference to the tenants they were entrusted to safely shelter and protect.”
The defendants, asserts the complaints, “intentionally ignored the risk to life and limb associated with inadequately equipped and maintained fire detection and suppression systems in the Frederick E. Samuels Houses, including in Apartment 5-G.” Specifically, it is alleged, among the dozens of design, maintenance and operations shortcomings, the failure to:
• Monitor and/or maintain and/or service the fire alarms and smoke detectors in the hallways.
• Install adequate fire alarms and smoke detectors in the building, and in the apartment, in compliance with New York City Administrative Code § 27-980;
• Install sprinklers or other fire suppression systems in the unit and throughout the building.
Mr. Oshan added, “We look forward to all the facts in this case coming to light at trial, and to holding those responsible fully accountable for their actions. It is clear and we will demonstrate that the loving mother of those four precious children was in no way connected to the cause of the fire. Her family and Mr. Abdul-Rauf, their close friend who helped with child care due to her work schedule as a health care worker, were asleep, helplessly trapped in the burning fifth-floor apartment that had steel bars on the windows and no sprinklers.”
Robert J. Mongeluzzi, of SM&B, whose firm represents the estates minors B.P. and N.P. stated, “Fire safety requires three major elements- fire suppression, fire warning and easy emergency escape . The defendants utterly failed on all three counts- no sprinklers, no wired in smoke detectors and virtually inaccessible fire escapes. The defendants struck out on all three - and these victims paid with their lives.” Andrew R. Duffy and Jeffrey P. Goodman, partners at SM&B, are Mr. Mongeluzzi’s co-counsel.
Benedict P. Morelli, who filed on behalf of the estate of Mrs. Pollidore, said the victims estates are hoping the end result of the litigation benefits the hundreds of thousands of other vulnerable New Yorkers living in NYCHA units. “The U.S. Attorney’s Office for the Southern District of New York’s investigation well before this tragedy of NYCHA infamously identified – leading to a record $2 billion Federal court settlement that was supposed to result in sweeping reform at the NYCHA - a culture where “accountability does not exist,” he noted. “We aim to finally expose and shatter in court that culture so no resident in a NYCHA building has to worry when they go to bed if their fire alarms and smoke detectors are in working order, and if they sound will they be able to quickly escape to safety.” Mr. Morelli’s co-counsel in his firm is David T. Sirotkin.
Note: In accordance with COVID-19 safety guidance, interviews with plaintiff’s counsel will be conducted online. There will be no interviews with family members at this time and they respectfully request their privacy be honored.
Contacts:
Evan M. Oshan/ Evan@oshanandassociates.com / 206.335.3880
Benedict P. Morelli / bmorelli@morellilaw.com / 212.751.9800
Robert J. Mongeluzzi / rmongeluzzi@smbb.com / 215.850.6571
Steph Rosenfeld / steph@idadvisors.com / 215.5144101
June 17, 2019
"Relatives of the Harlem mom who died with four of her children when fire tore through their death-trap NYCHA apartment last month plan to sue the city for $2.2 billion.
It's hard to to put a dollar value on the loss of human life, but the $2.2 billion, we feel, is appropriate in light of the current situation," said lawyer Evan Oshan."
