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The Cattaraugus County District Attorney’s Office, headed by Lori Pettit Rieman, will serve as a special prosecutor to determine whether criminal charges should be filed against Erie County Holding Center deputies in the death of an inmate in 2012.

 

The state Commission of Correction, which investigates in-custody deaths, recommended a criminal investigation after determining that inmate Richard A. Metcalf Jr. died of asphyxia at the hands of jail deputies, not a heart attack as the county medical examiner determined at the time.  Read More…..

Mike Scinta of Brown Chiari spoke with WIVB Channel 4’s Dave Greber regarding surveillance videos, which dispute statements from the Erie County Holding Center staff.

It’s an Erie County case that dates back to 2012, one that’s been investigated by local law enforcement, by the state, even by the federal government.

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Brown Chiari obtains 1.9 million dollar verdict for a client who sustained serious visual injury to one eye as a result of a work related accident.  Eric Shelton, of Brown Chiari, stated that in addition to the eye injury, our client suffered post-traumatic migraine syndrome.

Local law firm represents Buffalo woman in wrongful death case

BUFFALO, NY, November 22, 2016 – The law firm of Brown Chiari obtained a $1 million verdict in New York State Supreme Court against Kaleida and MFG on behalf of the Estate of Rose Kij, who suffered injuries and death as a result of the hospital’s conduct, according to the jury.

The 81-year-old was admitted with signs of a resolving stroke to Millard Fillmore Gates on Aug 16, 2007. The hospital provided the wrong dosage of a drug (Simvastatin) by failing to confirm her dosages before her hospital admission despite having knowledge of her pharmacy and primary physician. Ms. Kij developed Rhabdomyolysis, a disease causing severe muscle breakdown with resulting kidney failure, leading to her death on October 10, 2007.

“This verdict sends a clear sign that the people deserve the same treatment regardless of age,” said attorney Michael Scinta of Brown Chiari. “The elderly are entitled to enjoy the same protections under the law. This is a tragic situation which could have been avoided.”

The jury awarded the estate of Rose Kij a $1 million verdict for her case against Kaleida and MFG.

Attorneys Michael Scinta and David Olson from the law firm of Brown Chiari represented the Kij Estate. New York Supreme Court Justice Donna Siwek presided over the trial.

A jury has decided the City of Buffalo should pay $3 million to a woman who suffered serious spinal  injuries when a police department tow truck ran a traffic light and triggered a crash downtown.

Brigette Brzezniak, of Cheektowaga, was 24 at the time and a passenger in a Ford Escape when it collided with the tow truck at Seneca Street and Michigan Avenue in 2013, according to her lawyer, Michael Scinta of the Brown Chiari law firm.

 

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The local lawyer representing the family of a man who died in the Erie County Holding Center is praising the work of the New York State Commission of Correction. The commission issued its final report in the 2012 death of 35-year-old Robert Metcalf, finding it a homicide caused by improper restraint used by Erie County deputies.

Richard Metcalf was brain dead when he arrived at Erie County Medical Center from the downtown Holding Center in November 2012. He had been arrested by Depew Police for bizarre behavior in Lancaster, which continued in the Holding Center.

Metcalf family lawyer Jim Brown says the 25-page state report saying it was a homicide is correct.

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The elderly man accused of killing a woman during a fight at a Buffalo nursing home, will not face any criminal charges.

The acting Erie County district attorney says an investigation found that the man doesn’t have the mental capacity for criminal intent.

Police say Ruth Murray, 83, accidentally walked into the room of another patient at the Emerald South Nursing Home in August. A fight broke out, and Murray died. She was an Alzheimer’s patient.

 

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Prosecutors have decided not to charge the 84-year-old man who fatally injured an 82-year-old fellow nursing home resident in a brutal beating after she wandered into his room in the dementia unit in late August.

Michael J. Flaherty Jr., the acting Erie County district attorney, told The Buffalo News his office determined after consulting with Buffalo police that the assailant lacked the mental capacity both to participate in a trial and to form criminal intent in the killing of Ruth Murray.

 

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Funeral services were held Thursday for a woman who died after being severely beaten by a fellow patient in a Buffalo Nursing home.

Her death has renewed questions regarding patient safety inside the facility where she resided, and others in Western New York.

 

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Ruth Murray left the cafeteria at Emerald South Friday morning, and mistakenly walked into the room of another patient, never knowing that mistake would cost the 82-year-old her life.

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The family of 83-year-old Ruth Murray is seeking legal action after the woman died Monday. Police say she was beaten by another patient at the Emerald South Nursing Home in Buffalo.

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