WRONGFUL DEATH – A runner died after finishing a five-kilometer race sponsored by PepsiCo and organized by other defendants. Plaintiffs claimed that defendants owed the decedent a duty of care. The appellate division affirmed dismissal of the wrongful death lawsuit, because evidence showed that the decedent had high cholesterol and had twice received abnormal “stress” test results.
- N.Y. Appellate Divisions
- 4th Circuit