Firm News

Motion To Dismiss in Wrongful Death Case of a Child Is Denied

Berkowitz Hanna Logo

The State of Connecticut’s s attempt to dismiss a wrongful death lawsuit brought by the Estate of Kaydriene Aristhene has been denied by a Stamford Superior Court Judge who ruled that the case can now proceed to trial next spring. The Estate of our 15-year-old client, who tragically died at school in 2016, has alleged that the school administrators and teachers present on the day of our client’s death negligently failed to prevent our client’s food allergy attack from elevating to her death by failing to follow written school rules and protocols. Elizabeth Gilbert and Kelly Ferraro admirably advocated against the Motion to Dismiss, which was denied.

According to Gilbert,

“A Court will now hear evidence at trial that the lack of urgency of the school’s response to Kaydriene’s allergy attack lead to her death.”

The Estate is seeking $10,000,000 for Kaydriene’s death.