Family of Destine Martinez Settle Wrongful Death Lawsuit For $130,000
Destinie Martinez was seven years old and had undergone multiple surgeries for a known heart defect when he passed away in 2007, after collapsing during physical education class at Doña Ana Elementary School. Her mother, Candi Martinez, filed the wrongful death lawsuit alleging the school allowed an ill child to participate in physical activity and was negligent in its efforts to provide emergency medical attention when the child became sick. Destinie became ill at school and, after being allowed to sit out of class began vomiting.
With the many deadly germs and virus' spreading throughout the schools these days, school officials should be extra cautious when someone becomes ill. In this case the school should have taken the illness more serious and provide immediate medical help. It is such a tragedy that a young life was lost. Wrongful death statutes are survival statutes and have strict time limits which must be followed. It is very important to discuss a potential case early to receive the best advice.
