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Family of NYC Woman Who Died in Blizzard Plans $20M Lawsuit


The heartbroken family of an elderly Queens woman who died while waiting three hours for an ambulance to get through the unplowed blizzard-blitzed streets is suing the city.

Laura Freeman said her 75-year-old mom Yvonne Freeman might have survived a heart attack on Dec. 27 if medics got to their Corona home quicker.

“She never had a chance,” Freeman, 41, said. “I felt so helpless. I can’t believe they wouldn’t plow the streets. The city can’t let this happen again.

“She was my life.”

Lawyer Sanford Rubenstein plans today to notify the city of his plan to sue for $20 million – the first blizzard-related wrongful death suit.

Sanitation, transportation and first-responder departments are accused of negligence, and the city is slammed for failing to declare a snow emergency. The streets were impassable, he said, and the NYPD and FDNY didn’t properly “maintain and update” the 911 system.

Freeman was unable to reach an emergency operator for nearly 45 minutes as her mother gasped for breath.

“We allege negligence on behalf of multiple city agencies caused this wrongful death,” Rubenstein said.

Freeman said her mom awoke at 8 a.m. complaining she was having trouble breathing.

Frantic, the daughter repeatedly dialed 911, but kept getting a recorded message and a buzzing tone that sounded like a fax machine, Rubenstein said.

“I was starting to get nervous,” Freeman recalled. “I said, ‘Mom I can’t get anyone.’ “

She called her brother and a cousin and had them try 911.

“My mother was sitting on the couch and she was starting to look gray. I kept rubbing her back and rubbing her chest.

“She said, ‘If I can’t talk to you again, goodbye Laura,’ ” Freeman cried. Freeman then ran outside their home on 39th Ave. in her pajamas.

“I was screaming, ‘Please call 911!’ A man was walking by and he tried to call 911 on his cell phone and he couldn’t get through.”

Around 11:05 a.m. Emergency Medical Service medics finally arrived after trudging two blocks through the snow.

It was too late.

“The medics said, ‘We’re so sorry we’ve never seen anything like this,’ ” Freeman said. The city medical examiner attributed Yvonne’s death to heart disease.

Yvonne Freeman had retired last summer from her job as a fitting room attendant at JCPenney in Rego Park.

Before that, she worked for 20 years in the watch department at the old Alexander’s department store on Lexington Ave.

City Law Department officials declined immediate comment.

“The case involves a very tragic situation and we’ll await the legal papers,” said spokeswoman Kate Ahlers.

Federal prosecutors are investigating whether the deaths and the snowbound chaos was caused by Sanitation workers participating in an illegal work slowdown. The city Department of Investigation has also launched a probe.

(Source: NY Daily News)



6 Responses

  1. Chances are this is going nowhere, as the first day of the storm definetely can be considered an act of G-d. As for updating the 911 system, I doubt you can require a city to provide more than the basics.
    I feel bad for this lady, but her family should remember that it was G-d who took their mother, not the city.

  2. OMG really fearless lion thats not a nice thing to say, im sure if you were in this situation and you lost your mother you would not say that. its true that everything happens because hashem is in charge but the city is still responsible for not doing their job and should be sued!!!!

  3. And how would the economic prospects of a 75 year old with near fatal heart disease be worth tens of millions.

    Under normal tort law principles, the claim would be almost worthless. In addition, a jury would have to be asked how much of her death was attributable to negligence by the city (and BTW, why didn’t the woman’s family arrange private transportation to the hospital – there is no rule limiting one to using a city ambulance) versus how much was due to her heart condition and how much was due to the snow.

  4. Not very compassionate nor Jewish. She is probably suing out of hurt. Her mother was having a heart attack -normally very treatable. She could have lived another 10 years, but the aggravated circumstances -no traffic, overloaded 911 lines, were the fault of the city and it’s bungled affair with the sanitation department. I think she should sue, if only to make a point.

  5. akuperma, you said “and BTW, why didn’t the woman’s family arrange private transportation to the hospital – there is no rule limiting one to using a city ambulance”

    Those of us who live in NYC know just how impassible the roads were from that blizzard. There were cars, trucks, busses, and yes, even snow plows disabled in the middle of streets blocking access to roads. Even the main roads were not plowed. The only transportation was on foot, clearly something impossible for someone suffering cardiac disease…

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