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Hearing This Thursday on Raymond Zack Lawsuit

The City of Alameda will try this week to have a lawsuit over Raymond Zack's death thrown out of court.(File photo.)

The City of Alameda will try this week to have a lawsuit over Raymond Zack’s death thrown out of court.(File photo.)

At a hearing this Thursday afternoon at the Hayward Hall of Justice, the City of Alameda will attempt to have a lawsuit filed by Raymond Zack’s family thrown out.

Alameda resident Raymond Zack died on Memorial Day, 2011, after standing in the water off of Crown Memorial Beach for almost an hour; a family member called 9-1-1 to ask public safety officials to bring him in out of the water, but firefighters refused, saying they weren’t certified for land-based water rescues.

Just before the first anniversary of Mr. Zack’s death, his family filed a lawsuit against the City of Alameda and the County of Alameda, demanding unspecific damages.

According to the lawsuit, public seafety officials on the beach ordered civilians to clear the area, to not enter the water to rescue Mr. Zack, and even tried to stop the good samaritan who ultimately entered the water to bring Mr. Zack to the shore, after he had collapsed into the water.

Attorneys for the City of Alameda claim that the city is not liable for Zack’s death because they had no “duty of care” to prevent his death.

2 comments to Hearing This Thursday on Raymond Zack Lawsuit

  • cg

    The “duty of care” befell the City of Alameda once the Alameda Police Dept declared Zack a “5150”= Danger to Himself. This is well-documented in the public record. Had they not declared a 5150, Alameda might have a case. BUT THEY DID. Public safety agents cannot call a 5150, & then refuse/fail to intervene. If no duty of care is found by the court, then we are all in danger of being let down by public safety when we need them most. Then the City of Alameda might as well have a Volunteer Police & Fire department [unpaid]!

  • Updated court filings late today show the judge took the arguments under submission.

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