FILED: MONROE COUNTY CLERK 02/16/2021 05:03 PM INDEX NO.

E2021001387
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/16/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.

Receipt # 2629711

Book Page CIVIL

Return To: No. Pages: 8

STEPHEN ANDERSON SEGAR
Instrument: EFILING INDEX NUMBER

Control #: 202102161509
Index #: E2021001387

Date: 02/16/2021

Walker, Terryann Time: 5:29:29 PM

Rochester City School District

State Fee Index Number $165.00

County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: MJ
Management

Total Fees Paid: $210.00

State of New York

MONROE COUNTY CLERK’S OFFICE

WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.

JAMIE ROMEO

MONROE COUNTY CLERK

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STATE OF NEW YORK

SUPREME COURT COUNTY OF MONROE

TERRYANN WALKER, Individually

and as the Administrator of the
Estate of Zadane Wright, SUMMONS

Plaintiff, Index No.:

v.

ROCHESTER CITY SCHOOL DISTRICT,

Defendant.

TOTHE ABOVENAMEDDEFENDANT:

YOU ARE HEREBY SUMMONED to answer the complaint in this action and

to serve a copy of your answer, or, if the complaint is not served with this summons, to

serve a notice of appearance, on the plaintiff's attorneys within 20 days after the service

of this summons, exclusive of the day of service (or within 30 days after service is

complete if this summons is not personally delivered to you within the State of New

York); and in case of your failure to appear or answer, judgment will be taken against

you by default.

Plaintiff designates Monroe County as the place of trial based on the General

Municipal Law and the CPLR.

DATED: February 15, 2021

Rochester, New York

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SEGAR & SCIORTINO PLLC

Stephen A. Segar, Esq., of Counsel

Attorney(s) for Plaintiff

Office and Post Office Address:
400 Meridian Centre, Suite 320

Rochester, New York 14618

Telephone No.: (585) 475-1100

TO: ROCHESTER CITY SCHOOL DISTRICT

131 West Broad Street

Rochester, New York 14614

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STATE OF NEW YORK

SUPREME COURT COUNTY OF MONROE

TERRYANN WALKER, Individually

and as the Administrator of the
Estate of Zadane Wright, VERIFIED COMPLAINT

Plaintiff, Index No.:

V.

ROCHESTER CITY SCHOOL DISTRICT,

Defendant.

_____ .

Plaintiff Terryann Walker, Individually and as the Administrator of the Estate of

Zadane Wright, per her attomeys Segar & Sciortino PLLC, complaining of the defendant,

alleges:

1. Upon information and belief and at all times hereinafter mentioned, the

defendant was and still is a municipal corporation organized and existing under the laws of

New York State.

2. On or about November 19, 2019, Zadane Wright, then a resident of the City

of Rochester, County of Monroe, State of New York, died intestate and thereafter, on or

about January 28, 2021, Letters of Administration with Limitations were duly granted to

plaintiff Terryann Walker by decree of the Monroe County Surrogate's Court for the

purpose of maintaining this action.

3. Upon information and belief and at all times hereinafter mentioned,

defendant owned real property and certain structures upon said property known as the

Edison Career and Technology High School located at 655 Colfax Street, City of

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Rochester, County of Monroe, State of New York (hereinafter referred to as "Edison

Tech").

4. Upon information and belief and at all times hereinafter mentioned,

defendant utilized and operated Edison Tech for the purpose of providing secondary

education to, among others, school age residents of the City of Rochester.

5. At all times hereinafter mentioned, decedent Zadane Wright was a student

enrolled in the tenth grade at Edison Tech.

6. Upon information and belief and on or about November 19, 2019 at

approximately 9:33 a.m., decedent Zadane Wright, while engaged in playing basketball in

physical education class in the gymnasium at Edison Tech, began to demonstrate outward

signs of illness and/or physical distress.

7. Upon information and belief, at approximately 9:46 a.m. and while Zadane

Wright was still attending said physical education class, he collapsed to the gymnasium

floor.

8. Decedent Zadane Wright was pronounced dead on November 19, 2019 at

approximately 10:54 a.m.

9. Despite Zadane Wright demonstrating outward signs of illness and/or

physical distress, the physical education teacher in charge of and directly supervising

decedent Zadane Wright's class, either ignored said signs or failed to recognized same.

10. Upon information and belief and at all times herein mentioned, said physical

education teacher was employed by defendant or acted as defendant's duly authorized

agent.

11. In addition, said physical education teacher and/or other defendant

employees and/or duly authorized agents of defendant, failed to timely administer crucial

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and life-saving first aid to decedent Zadane Wright including most importantly the

administration of an available defibrillator.

12. Upon information and belief and at all times herein mentioned, said physical

education teacher and/or said other defendant employees and/or said duly authorized agents

of defendant were not properly trained in first-aid including the use and operation of an

available defibrillator.

13. Upon information and belief and at all times herein mentioned, the

defendant did not have an available and operational defibrillator in said gymnasium at the

time of decedent Zadane Wright's collapse.

14. Decedent Zadane Wright's collapse and resultant death were caused and/or

contributed to by the negligence, carelessness, gross negligence and wanton disregard of

defendant, its agent(s), servant(s) and/or employee(s).

15. Pursuant to General Municipal Law §50(e) and Education Law §3813, a

Verified Notice of Claim was duly served upon defendant on or about January 29, 2020,

certified mail, return receipt requested.

16. At least thirty (30) days has elapsed since said Verified Notice of Claim was

presented to defendant and defendant has failed and/or neglected to adjust or pay this claim.

17. On August 13, 2020, defendant conducted an examination under oath of

plaintiff Terryann Walker pursuant to General Municipal Law §50-h.

18. By reason of the foregoing, plaintiff Terryann Walker, individually, and as

the sole distributee of decedent Zadane Wright, has suffered damages and is entitled to

collect same against defendant.

19. The amount of damages sought in this action exceeds the jurisdictional

limits of all lower courts in which this action may otherwise have been brought.

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AS AND FOR A SECOND CA-USF OF ACTION

20. Plaintiff incorporates by reference the allegations made in the preceding

"1"
paragraphs through "19".

21. As a result of the foregoing, decedent Zadane Wright was caused to suffer

bodily pain, nervous shock, anguish and suffering from a time prior to his collapse to the

time of his death.

22. As a result of the foregoing, plaintiff's intestate, decedent Zadane Wright,

suffered damages and plaintiff is entitled to collect same against defendant.

23. Based on the foregoing, plaintiff makes further claim for punitive damages

against the defendant.

WHEREFORE, plaintiff demands judgment against the defendant on the first and

second causes of action together with such other and further relief as the Court deems just

and proper.

DATED: February 15, 2021

SEGAR & SCIORTINO PLLC

Stephen A. Segar, Esq., of Counsel

Attorney(s) for Plaintiff

Office and Post Office Address
400 Meridian Centre, Suite 320

Rochester, New York 14618

Telephone No.: (585) 475-1100

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VERIFICATION

STATE OF NEW YORK )

COUNTY OF MONROE ) ss:

Terryann Walker, Individually and as Administrator of the Estate of Zadane

Wright, being duly sworn, deposes and says, that deponent is the plaintiff in the within

action, that deponent has read the foregoing complaint and knows the contents thereof, that
the same is true to deponent's own knowledge, except as to those matters therein stated to
be alleged on information and belief, and that as to those matters deponent believes them
to be true.

TerryWn Walker, Individually and

as Administrator of the Estate of
Zadane Wright

Swom to before me this

1501
day of February, 2021.

NO PUBLIC
VIRG,lNIA A. JONAS
NOTARY PUBL!C, State of New York
Na 01JC4511473
Orad in V/m ne Count
Commisuon Expires t ovember , 20

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