Wilson v. City of Jersey City

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At the time of the attack, Anthony Andrews, who was temporarily living with his sister in an apartment across the hall, called 9-1-1. The call was routed to a State Police Public Safety Answering Point (PSAP). When the operator answered, Andrews reported that he "heard somebody screaming next door, inside this building" at "227 Wegman." The call was transferred to Jersey City’s PSAP, where the operator there asked for a location. Andrews responded, "185 Wegman." He stated: "I hear some screamin'" and "I don’t know what’s going on next door." The Jersey City operator prepared a narrative of the call which included the wrong address. The operator never asked Andrews what he meant by "next door" and so she mistakenly wrote "the house next door" rather than an apartment. Officers were dispatched to "Check 185 Wegman Parkway." Officers found the building at 185 Wegman unoccupied and left. Approximately twenty-two hours later, Andrews called 9-1-1 again. The operator who answered interrupted Andrews and asked if he had "a life threatening emergency that’s going on right now," and he replied, "No . . . it happened last night." A wrongful death and survival action was filed by both Plaintiff Paris Wilson through a guardian ad litem, his aunt Sonya Manzano, and by Plaintiff D Artagnan Manzano, individually and as Administrator of the Estates of his children DeQuan and Dartagnania. Plaintiffs claim that the two 9-1-1 operators were derelict in their duties and that their negligence, gross negligence, or wanton and willful disregard for the safety of others caused pain and suffering to all three children and led to the deaths of DeQuan and Dartagnania. The trial court dismissed the claims against defendants, finding that they were protected by statutes including the 9-1-1 immunity act, N.J.S.A. 52:17C-10, and that there was insufficient evidence of wanton and willful conduct needed to vault the immunity statute. The Appellate Division reversed. Upon review, the Supreme Court concluded that N.J.S.A. 52:17C-10 provides immunity to 9-1-1 operators and their public-entity employers for negligence in delivering 9-1-1 services, including the mishandling of emergency calls. Because the statute does not protect conduct that constitutes wanton and willful disregard for safety, the Court remanded the case to resolve that issue. View "Wilson v. City of Jersey City" on Justia Law