GUARIGLIA v. PRICE CHOPPER OPERATING COMPANY, INC.


38 A.D.3d 1043 (2007)

830 N.Y.S.2d 871

DANIEL GUARIGLIA, Individually and as Administrator of the Estate of COURTNEY GUARIGLIA, Deceased, Respondent, v. PRICE CHOPPER OPERATING COMPANY, INC., et al., Defendants, and WILLIAM J. SCHADY, III, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 8, 2007.


Cardona, P.J.

Defendant William J. Schady, III (hereinafter defendant), a pharmacist, pleaded guilty to criminally negligent homicide based on his admission that he left an unsecured vial containing valium and codeine in a duffle bag on a floor where it was accessible to his girlfriend's two-year-old child who found and ingested the substances, resulting in the child's death. Plaintiff, the child's father, commenced this action against defendant, among others, and...

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