Family launch 50M lawsuit after mother-of-two found dead in supermarket freezer
The family of a doctor who died after becoming trapped in a supermarket freezer overnight have launched a $50 million lawsuit.
Florida-based anaesthesiologist Dr Helen Garay was found dead inside a walk-in freezer at a Dollar Tree supermarket in Miami in December while she was on holiday.
Police said there was no evidence of foul play and the death is being treated as accidental.
Helen Garay. Pic: GoFundMeThe family of a doctor who died after becoming trapped in a supermarket freezer overnight have launched a $50 million lawsuit.Helen Garay. Pic: GoFundMe
Dr Garay, a mother of two, was discovered by a staff member the day after she entered the store. Miami Police confirmed they were alerted after an employee reported finding a deceased woman inside the freezer.
A spokesperson for Miami Police told Law&Crime: ‘We received a call from an employee who reported that there was a deceased woman inside of the business, inside of the freezer.
‘No foul play is suspected, but it is still an active and ongoing investigation.’
Dr Garay, a mother of two, was discovered by a staff member the day after she entered the store. Pic: Facebook
According to court documents, Dr Garay’s family allege that the store’s management failed to take reasonable steps to locate or assist her once she became trapped.
The lawsuit claims a store manager instructed an employee not to review surveillance footage and did not act appropriately after concerns were raised that a customer was missing.
The legal complaint states that Dollar Tree owed Dr Garay ‘a non-delegable duty to exercise reasonable care’ in the operation and maintenance of the premises, including the safe management of walk-in freezers and responding to reports of missing customers.
Miami Police confirmed they were alerted after an employee reported finding a deceased woman inside the freezer. Pic: GoFundMe
While rare, deaths inside supermarkets have been reported previously. In one widely cited case, the body of a man was discovered behind a refrigerator in an Iowa supermarket more than a decade after his disappearance.
A GoFundMe campaign has now been set up to raise funds to return Dr Garay’s body to her native Nicaragua and to cover funeral costs.
The fundraiser has already reached more than 90 per cent of its €20,000 target.
The fundraising page describes Dr Garay as a highly respected anaesthesiologist who specialised in congenital heart disease and dedicated her career to treating children. It notes that her two children, who live in Nicaragua, were ‘the centre of her world.’
‘Dr Helen Garay passed away following a tragic accident while abroad,’ the page states.
‘Her family’s greatest wish is to bring her home to Nicaragua so she may receive a proper funeral and final resting place surrounded by loved ones.’