Law Offices of Ronald C. Burke



Grandmother Can't Sue For Emotional Injury Witnessing Accidental Death Of 2 Year Old Grandchild

Last month an appellate court overruled a Kings County Supreme Court Justice who allowed a grandmother to sue for the emotional injuries she suffered when her granddaughter (2 years old) was killed by falling debris from the facade of a commercial building in Manhattan.It was undisputed that the grandmother was in the "zone of danger" as evidenced by her own injuries from the falling debris. She claimed that she experienced severe mental anguish and feared for her life as she observed the debris fall and kill her granddaughter. The Court's recognized the grandmother's claim as sounding in negligent infliction of emotional distress. The Court cited longstanding Court of Appeals precedent which limits these "zone of danger" cases to members of the immediate family of the person killed or seriously injured.

The Appellate Division, Second Department split 3-2 with a lengthy dissent discussed the horror of the accident scene and the severe post-traumatic stress disorder, depression and flashbacks suffered by the grandmother. The dissent argued that a grandparent has been recognized as being in the "immediate family". Greene v Esplanade Venture Partnership, 2019 WL 2112900

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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