Defendants-appellants, the Town of Rotterdam, New York, Rotterdam Police Department Deputy Chief Alfred DeCarlo, and Officers David Bethmann, Wayne Calder, and Robert DeCarlo (collectively "defendants"), appeal from a judgment entered in the United States District Court for the Northern District of New York (Gagliardi, J.) after a jury trial, in favor of plaintiff-appellee Kathie Raucci ("Ms. Raucci") for her injuries and for the wrongful death of her son Chad. Defendants contend that the pendent state law claims should not have been considered after dismissal of the federal claims, that the Town of Rotterdam (hereafter "Rotterdam") owed no "special duty" to plaintiff by reason of any "special relationship," and that the award of damages for Chad's wrongful death was excessive. For the reasons that follow, we affirm, except as to the wrongful death award which is remanded for disposition as hereinafter provided.
Miner '56, Roger J., "Raucci v. Town of Rotterdam, 902 F. 2d 1050 - Court of Appeals, 2nd Circuit 1990" (1990). Circuit Court Opinions. 279.