Court of Claims — Wrongful Death: House v. State

New York State Court of Claims

Wrongful Death

Standing

House v. State
120559
Judge Minarik

Background: The claimant commenced an action for wrongful death after Jonathan M. Flower died of a heroin overdose while an inmate at the Attica Correctional Facility. The defendant moved to dismiss as the claimant lacked the capacity to maintain the action.

Ruling: The Court of Claims dismissed the action. The court held that the claimant was not appointed executor or administer of the decedent’s estate and therefore has no relationship between herself and the claimant.

Carolyn House, pro se; Thomas G. Ramsay of the New York State Office of the Attorney General for the defendant