NELSON E. CANTER, ESQ. OF MCLAUGHLIN & STERN SECURES $1.5 MILLION SETTLEMENT IN WRONGFUL DEATH ACTION AGAINST NEW YORK STATE IN TRAGIC BUTTERMILK FALLS DROWNING
Estate of Dale Calverley to Receiving Payment from State for Failing to Warn Visitors and Swimmers about Dangerous Underwater Currents
New York, NY – June 15, 2023 – McLaughlin & Stern, one of the top law firms in New York State, today announced the successful settlement with the State of New York in its wrongful death action involving the tragic drowning of a father of three in Buttermilk Falls. The claim arose from the death of Dale Calverley, a loving husband, and father of three children (ages 9, 12, and 14 at the time of the incident), at Buttermilk Falls located on the Raquette River in the Town of Long Lake, Hamilton County, New York, on the afternoon of August 17, 2015. Dale’s death resulted from dangerous latent underwater currents at the base of the Buttermilk Falls with the conditions resulting from underwater and non-visible hydraulics, rocks, and debris capable of causing a foot entrapment. Dale’s wife, Jennifer Calverley, and their three children witnessed Dale’s drowning.
McLaughlin & Stern, LLP partner Nelson E. Canter who is Chair of the Firm’s Insurance Subrogation Practice Group argued the State knew or should have known about these latent conditions and should have taken affirmative steps to properly warn visitors to Buttermilk Falls of these dangerous conditions. The Attorney General defended the State and shortly before trial, after extensive litigation in the lower court and in the Appellate Division – Third Department, the case was settled with New York State for $1.5 Million. Matt Rush and John Donovan of Sloane & Walsh out of Boston were co-counsel.
“We are proud to have seen this case through to a successful outcome for Dale’s family. This was a horrible tragedy and we hope that this resolution not only provides some relief to Jennifer and their children but also moves the State to take much-needed action to warn visitors and swimmers about the potential dangers of swimming in this area,” said Mr. Canter, partner, McLaughlin & Stern.
McLaughlin & Stern has a long history of representing clients in complex litigation matters, and this case is just the latest example of their efforts to defend the rights of residents and businesses in New York State and around the world.
For more information about McLaughlin & Stern and their legal services, please visit their website at www.mclaughlingstern.com.