Woman murdered by prisoner who was mistakenly released: Negligent procedures: Wrongful death: Judgment

Law Reporter, Dec 2003

Estate of Brey v. New York, N.Y., N.Y. Ct. Cl., No. 100531, Jan. 27, 2003.

Brey, 34, was raped and murdered. She is survived by her parents and three minor children. Scruggs, a convicted felon who allegedly had been released from prison early due to a clerical error, pleaded guilty to her assault, rape, and murder.

Brey's mother, on behalf of Brey's estate, sued the state, alleging negligence in setting Scruggs free 13 years before his sentence had been served. Suit alleged that a court typist misread a handwritten note from the clerk of the court. Consequently, the transcription mistakenly indicated that Scruggs should be set free. The state countered that it owed no duty to the public at large and therefore no duty to plaintiff.

The court granted plaintiff summary judgment. A hearing to determine the apportionment of liability between the state and Scruggs is currently pending.

Plaintiff's Counsel

*Jerrold S. Parker, Great Neck, N.Y.