Facts in dispute in wrongful death case

ALBANY – U.S. Northern District Court Judge Mae D’Agostino Friday dismissed a defense motion for summary judgement in the wrongful death lawsuit filed by the estate of Luis A. Torres Jr., who died while in the custody of the Montgomery County Jail.

Torres died Oct. 13, 2010, after receiving severe head injuries from falling to the pavement after somehow falling out of a prisoner transport van that was returning to the Montgomery County Jail on Route 5S in Fultonville.

The wrongful death lawsuit was filed by Luis A. Torres Sr., the executor of Luis A. Torres Jr.’s estate. The estate is represented by attorney Elmer Robert Keach.

Montgomery County, Sheriff Michael Amato, Jeffrey Smith, Michael Franco, Terry Carter and Paul Daw, have all been named as defendants in the lawsuit.

D’Agostino wrote in her decision that the case still has several facts in dispute, including: whether Torres had the ability to put his own seatbelt on while restrained in the back of the van and whether the van was traveling at a safe speed.

“In the present matter, plaintiff has presented sufficient evidence to create issues of fact precluding summary judgement,” she wrote.