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End of the Line for Zack Family Lawsuit

A lawsuit filed by Raymond Zack's family has run its course. (File photo.)

A lawsuit filed by Raymond Zack’s family has run its course. (File photo.)

A lawsuit against the City of Alameda, filed by the family of Raymond Zack, a man who drowned on Memorial Day, 2011, while Alameda first responders stood on the beach, has reached the end of its rope.

The substantive issues of the case were never tried, as the City of Alameda was successful in February in having the court dismiss the claim in February, before trial.

In March, attorney’s for Mr. Zack’s family asked Alameda County Superior Court Judge George C. Hernandez Jr. to reconsider the dismissal, a request that was flatly denied, as the judge found that Zack’s attorneys had no new evidence to present, and that they had failed to show that Alameda firefighters had established a “duty of care” to Zack. Such a duty of care was necessary to create a liability.

In April, Judge Hernandez denied a request for a new trial without explanation.

Attorneys for Zack’s family filed a notice of appeal on May 24th, but the court found the filings deficient on a technicality on June 12th, and gave the attorney’s 15 days to correct it.

On July 5th, the clerk of the court filed a certificate confirming that the attorneys failed to correct the deficiency by the deadline, effectively ending the case.

The case is RG12632015 in Alameda County Superior Court.

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