FDNY and NYPD Sued for $7 Million Over Shooting Death

Posted by: Curt Varone July 17, 2023 0

The estate of a woman who was shot by her boyfriend has filed suit against FDNY and NYPD claiming that they failed to provide her with timely medical assistance. Gloria Felix, as administratrix for the Estate of Migdalia Ortega, filed suit in US District Court for the Eastern District of New York seeking $7 million in damages.

The facts as alleged in the complaint are as follows:

  • That on May 9, 2022, at approximately 8:15 A.M., decedent, MIGDALIA ORTEGA, was lawfully within the residential building located at 66-17 Fresh Pond Road.
  • At the aforementioned time and place, decedent MIGDALIA ORTEGA was shot by her boyfriend, Pedro Cintron.
  • At the aforementioned time and place the Defendants responded to a shooting at the aforementioned location.
  • At the aforementioned time and place the Defendants seized control and/or custody of the aforementioned premises.
  • After seizing control of the premises, Defendants entered the aforementioned residence in search of victims.
  • Defendants were aware that decedent, MIGDALIA ORTEGA, was critically injured at the aforementioned location.
  • Despite decedent, MIGDALIA ORTEGA’s serious and/or life-threatening injuries, there was an unreasonable delay in her receiving medical and/or lifesaving care.
  • Decedent, MIGDALIA ORTEGA, was pronounced dead at Elmhurst Hospital Center on May 9, 2022.
  • At the above place and date and time Defendants, their agents, representatives, servants and/or employees were negligent, careless, grossly negligence, joint and severally liable and reckless in preventing and/or inhibiting were negligent with respect to their improper movement of plaintiff’s body; negligent performance of duties; police misconduct; negligent infliction of emotional distress; denial, delay and obstruction of medical care and treatment; failure to properly secure the scene of the incident; negligent hiring, training, supervision, monitoring and retention of agents, servants and employees; failed to detect and/or respond in an appropriate manner to scene where decedent had been gravely wounded.

The complaint alleges four counts:

  • Negligence by NYPD ($2,000,000.00);
  • Negligence by FDNY ($1,000,000.00);
  • Civil rights violations ($1,000,000.00);
  • Wrongful death ($3,000,000.00)

Here is a copy of the complaint:

US_DIS_NYED_1_23cv5411_d419698333e387_COMPLAINT_against_All_Defendants_filing_fee_402_reDownload

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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