NY Daily News
BROOKLYN, N.Y. — A Brooklyn judge has thrown out a lawsuit filed by the family of a pregnant Au Bon Pain worker — who died of an asthma attack after two city medics on their lunch break failed to rush to her aid — because the unconscious woman did not request the medical attention herself.
While calling one of the cold-hearted medic’s behavior “egregious,” Supreme Court Justice Carolyn Demarest granted the city’s motion to dismiss the lawsuit. She based her ruling on a state law that says gross negligence can only be claimed if a “special duty” is owed to a stricken person — which can only be established if the victim or an immediate family member makes the request for help themselves.
Eutisha Rennix was 25 and six months pregnant when she began having difficulty breathing at the Metro Tech eatery. Co-workers helped Rennix to a back room, where her condition worsened. Another co-worker flagged EMS dispatchers Melisa Jackson and Jason Green, who happened to be standing at the sandwich bar.
Read full story: EXCLUSIVE: City medic who failed to help pregnant Au Bon Pain worker dying of asthma attack dodges lawsuit