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Judge Throws out Zack Family Lawsuit Against City of Alameda

In a ruling handed down today, after a hearing last Thursday, Alameda County Superior Court Judge George C. Hernandez threw out a lawsuit against the City of Alameda filed by the family of Raymond Zack, the man who drowned in the water off Crown Beach on Memorial Day, 2011, while public safety officials stood onshore.

In his ruling, the judge wrote, “It is well established that a fundamental element of a cause of action for negligence is the existence of a legal duty owed to the person injured.”

Gregory Fox, attorney for the City of Alameda argued that the public safety personnel on the beach that day “breached no duty” in their actions.

Judge Hernandez agreed, writing in the ruling that attorneys for Zack’s family, “have not alleged any facts that show the officers responding to the 911 call […] assumed any duty of care to Mr. Zack or undertook affirmative acts that increased the risk of harm to him.”

The judge left no room for the lawsuit to be amended and refiled, citing California Government Code that grants immunity from liability to the City of Alameda.

Here is the ruling.

Order to Sustain w.o Leave to Amend R. Zack

1 comment to Judge Throws out Zack Family Lawsuit Against City of Alameda

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