McKenzie v. The City of Mount Vernon

Background

Nadine McKenzie brought the case individually, as Shamoya McKenzie’s parent and guardian, and as administratrix of Shamoya’s estate. Shamoya, who was 13 years old, was shot by a bullet while riding in the front passenger seat of her mother’s car in Mount Vernon, New York, on December 31, 2016. The opinion states that David Hardy, Marquis Collier, Jermaine Hughley, and Sincere Savoy each pleaded guilty to federal criminal charges connected to the shooting.

McKenzie settled her claims against the City of Mount Vernon, several City police officers, and Empress Ambulance Services. The four individual defendants later defaulted. Judge Briccetti entered a default judgment against them on liability only, and the matter was referred to Magistrate Judge Andrew E. Krause for an inquest—a hearing to determine damages. The defendants did not appear at that hearing or respond to McKenzie’s submissions.

Evidence of Conscious Pain and Suffering

McKenzie testified that Shamoya cried out for her, bled heavily, gasped for air, and had open, moving eyes after being shot. Medical records showed that Shamoya initially had a pulse and motor and neurological function, but became unresponsive several minutes after the ambulance arrived. The records showed that she was pronounced dead at the hospital later that afternoon.

The court found McKenzie’s testimony highly credible. Based on the testimony and medical records, it concluded that Shamoya remained conscious for approximately 36 to 41 minutes after the shooting. The court considered that period, Shamoya’s injuries, her cries for her mother, and her difficulty breathing and coughing up blood when comparing the case with damages awards in other cases.

Recommended Damages

For conscious pain and suffering, the court recommended $1,750,000 in compensatory damages against Hardy, Collier, Hughley, and Savoy jointly and severally, meaning each defendant could be responsible for the full compensatory amount. It also recommended punitive damages, which are intended to punish especially wrongful conduct and deter similar conduct: $2,625,000 against Hardy and $1,750,000 against each of Collier, Hughley, and Savoy. The punitive damages total $7,875,000, producing a total recommended award of $9,625,000, plus post-judgment interest under federal law.

The court found the defendants’ conduct highly reprehensible because it involved the malicious and violent discharge of a deadly weapon on a city street without regard for the risk to human life. It concluded that the recommended punitive damages were reasonable when compared with the compensatory damages and with punitive awards in other cases.

Claims Receiving No Recommended Damages

The court recommended no damages for wrongful death. It explained that New York wrongful-death damages are limited to financial losses suffered by eligible beneficiaries. The record did not provide enough evidence about Shamoya’s future earnings, the financial circumstances of McKenzie, or any reasonable expectation that Shamoya would have provided financial assistance.

The court also recommended no separate damages for assault and battery because any such damages would duplicate the damages recommended for conscious pain and suffering.

Recommendation and Further Procedure

The document is a Report and Recommendation rather than a final damages judgment. It recommends the $9,625,000 award and post-judgment interest, while declining damages for wrongful death and assault and battery. The parties were given 14 days after service to file objections. The opinion states that untimely objections would waive objections and preclude appellate review.