Chicago Wrongful Death Lawyer Blog

Anthony DeWeese was involved in a tragic boat accident and as a result his estate filed a wrongful death lawsuit against the U.S. Coast Guard. DeWeese who at the time of his death was eight died in a boat collision when a 36-foot Coast Guard vessel speeding to help a grounded boater in San Diego Bay struck his family's boat.

The family was attending the city's annual Bay Parade of Lights and just trying to enjoy the festivities. According to details in the lawsuit Coast Guard officials knew the crew was not properly trained or supervised. It is also alleged that the Coast Guard boat was traveling 35 to 40 mph when it should have been doing 5 mph in the bay filled with hundreds of other boats.

Aquan Lewis a ten year old student was found hanging in the school bathroom and as a result his parents have filed a wrongful death lawsuit against the school district. According to details in the lawsuit emergency medical services paramedics quickly resuscitated Lewis after a fellow student at Oakton Elementary School, found him in the bathroom. The official report from the Cook County Medical Examiner’s office said the death was a suicide.

The lawsuit alleges no one at the school made any attempt to try and find Lewis when he went missing as the other students were lined up for gym class. In cases like this, people believe when they send their child to school, there will be people looking out for the well being and safety of their child. In this case there was something very wrong with the procedures in place at the school for a student to go unnoticed for such a period of time.

Joshua Molina Sr. who is one of the parents of a thirteen month old boy killed in a car accident filed a wrongful death lawsuit against Putiporn Kaewmooka, the driver of the other car. The crash happened near the intersection of Parker and Cicero in Chicago. According to police reports Kaewmooka was driving away from the scene of an earlier accident in which he was at fault and sped into a car driven by Joshua Molina. The resulting car accident killed his son, Joshua junior. The young boy was ejected from the car and killed. Documents in the lawsuit reveal that Kaewmooka was traveling 80 to 90 mph at the time of the crash. He hit the other car so hard it knocked the toddler out the car seat he was fastened to and in to a rear window.

It only got worse for Molina Sr. as two other passengers, Orlando Rodriguez and Aldo Maldanado were also killed and they happen to be his two best friends. Peronsal injury lawsuits like this are usually very painful but necessary to hold those at fault responsible.

"It just kills me inside that I had to lose my only son and my two best friends for no reason." said Joshua Molina Sr.

A wrongful death lawsuit was filed by the estate of Mavis Stonick who was killed when she tried to cross the street. According to the lawsuit the elderly Evanston woman attempted to cross Sheridan Road near Foster Street in Evanston and was struck by a Mercedez-benz driven by Judy Lowrance.

According to witness accounts, Stonick was walking west across Sheridan Road against a light when she was struck by a car which was traveling within the posted speed limit. The main problem invovling this car accident may have been darkness and rainy weather. The lawsuit alleges Lowrance was careless and negligent because she failed to keep a proper lookout and drove to fast for traffic and weather conditions.

The Estate of a 17-year old youth killed in an automobile accident filed a wrongful death lawsuit against Ramada Inn. According to the lawsuit, Nemcheck consumed alcohol at his place of employment, Ramada Inn and subsequently crashed his truck through a fence and into a pond, causing his death. According to published reports, Nemcheck had a blood-alcohol level of 0.14 percent at the time of the car accident. The main claim in the lawsuit is that Ramada Inn allowed him to access and consume alcohol while he worked a 16-hour shift.

Additional facts that are damning to Ramada Inn are there were previous legal proceedings against Ramada for allowing access to alcohol by minors. In ruling so far the Judge made the following findings of facts. First, Nemcheck had unsupervised access to alcohol; second, the bar area was unlocked and alcohol was readily accessible; and lastly, the hotel's bartender left two minors unsupervised for nearly two hours. This case seems ripe for settlement and hopefully the company will put in place better measures to ensure this type of incident does not happen in the future.

The estate of Ralph Seewald settled their wrongful death lawsuit against two nursing homes for an undisclosed sum of money. According to the wrongful death lawsuit, the 87-year old Seeward was subjected to inadequate health care. The lawsuit alleged that Riverside Health Care Center and the Village Health Care Center acted negligently toward Seewald culminating when Seewald fell and fractured his neck as he was being transferred from his wheelchair. As a result of the accident Seewald was unable to get out of bed and ended up dying

A trial in the wrongful death lawsuit was in its final day when the parties reached a settlement. This is typical in lawsuits. Neither party wants to risk what the jury may decide so they both decide to meet in the middle and not take any chances. Waiting until near the end of a trial is very hard on the family because they have to hear all of the testimony about their father and re-live the painful events of the past. Nursing home problems often result in the death or injury of a loved one.

A jury awarded nearly $3 million to the estate of a man who died after his esophagus tore while he was swallowing a piece of steak, finding an Alexandria radiologist liable for misdiagnosing the man's condition as a hiatal hernia. However, as is common practice in various states the jury verdict was reduced to about $1.25 million. People don't realize the impact that caps can have on everyday people. In this case the jury heard all of the evidence and awarded what it believed was a fair amount. In this wrongful death and medical malpractice lawsuit the facts were that Alvarez ate some steak and felt pain in his throat. He went to the hospital and was told her had a hiatal hernia and was given oral medication for this.

However later that night Alvarez was taken by ambulance to Inova Fairfax Hospital after complaining of severe pain in his chest. After running tests and taking images, doctors discovered a perforated esophagus. As a result of this, Alvarez ended up dying ten days later from complications related to attempted surgery. When determining a fair amount of money Alvarez should receive his wages should be taken into account. In this case he was making $100,000 a year as a technology specialist for the Defense Information Systems Agency and was retired from the United States Air Force where he was receiving a pension. It's sad that jury awards get reduced in wrongful death cases like this.

Pamela Hoppe of Illinois wanted to lose weight so she signed up for a program with L.A. Weight Loss Center in 2004 and began to take diet supplements. According to the wrongful death lawsuit L.A. Weight Loss Centers recommended a diet and dietary supplements. However the Food and Drug Administration ("FDA") does not regulate these supplements. After taking the supplements Hoppe went to Gateway Regional Medical Center complaining of nausea, abdominal fullness and jaundice. She died from liver failure a short time later.

Her administrator filed an eight count lawsuit in Illinois including a count for wrongful death. The estate is seeking voer $50,000 per count and it looks like the parties are close to settling this case. According to her lawsuit L.A. Weight Loss recommended supplements that were not properly tested for safety, failed to warn Hoppe of risks of the supplements, and did not exercise proper quality control.

If there is ever a case that proves you should always get a second opinion regarding medical care this case is it. The Estate of Juan Blanco filed a wrongful death lawsuit against the County who owns the hospital that treated Mr. Blanco after he was diagnosed with cancer given years of radiation and other treatment for the cancer and it turns out he never had cancer. The problem for Blanco started in 2001 when he arrived at the emergency room at Kern Medical Center after suffering a seizure. Doctors there believed he had a cancerous brain tumor and did emergency surgery followed by two months of radiation. The problem was the diagnoses was wrong according to the lawsuit.

Blanco endured almost six years of constant suffering when he collapsed and was rushed to Stanford University Medical Center. Doctors at Stanford told him that all the treatment he received was in error and he did not have cancer and never had cancer. The doctors said Blanco suffered a minor stroke and did not have a tumor or cancer. In a continued remarkable series of events Blanco was taken back to Memorial Hospital in late 2007 suffering from another seizure, and the doctors there told him they needed to resume cancer treatments.
Blanco died in July 2008 from a cerebral hemmorhage and the family claims it was on the spot of the radiation.

"He was like a guinea pig for them," Poot said. "They didn't really know what they were doing.

The estate of Shelia Regal who was killed in a motorcycle crash filed a wrongful death lawsuit against the estate of James Williamson the motorcycle driver. According to published reports, Regal was a passenger on Williamson’s motorcycle when the motorcycle attempted to pass a pickup. The motorcylce collided with a Chevrolet Camaro driven by 19-year old Kevin Howard causing Regal and Williamson to be thrown over the Camaro. Both were pronounced dead at the scene. When a motorcylce collides head on with an automobile the results are usually fatal.

In what are typical allegations for a wrongful death lawsuit, the allegations says that Williamson was negligent in how he drove the motorcycle, and that Regal could have earned another $750,000 in her lifetime. The amount paid in this type of lawsuit is usually the amount in insurance coverage.

The estate of Jewel Lane filed a wrongful death lawsuit against the nursing home that they say caused his death by allowing him to escape. According to the lawsuit, Lane was admitted to defendant Maryville Manor's nursing home on March 24. Obviously when someone enteres a nursing home they are not in the same mental and physical shape as they once were. According to details in the lawsuit on April 7 Lane was allowed to leave the nursing home and surrounding grounds unattended. According to offical reports Lane died on April 7 because of exposure to the elements, pulmonary arrest and hypothermia.

The lawsuit filed in Illinois, seeks damages for financial support, affection and companionship as well as for medical expenses. The lawsuit also alleges the nursing home employees failed to properly supervise Lane to prevent him from leaving the nursing home, failed to provide adequate staff to prevent him from leaving the nursing home unattended, failed to protect him from neglect, failed to timely notify his physician of changes in his condition and failed to assure his environment was free of hazards.

Continue reading "Estate of Man Killed While At Nursing Home Files Wrongful Death Lawsuit" »

Felita Dowdy, a young 33 year old woman suffering from cerebral palsy went in to the dentist to have teeth extraction surgery and unfortunately, she never came out alive. Her estate filed a wrongful death lawsuit against the dentist Dr. Bruce Lish and St. Luke's Hospital. The lawsuit alleges among other things that a dose of fentanyl painkiller given to Dowdy by the dentist may have contributed to her going into cardiac arrest during surgery. Fentanyl is 100 times more powerful than heroin and many times is only prescribed to patients suffering from severe pain.

Once Dowdy went into cardiac arrest she was taken to the hospital with a brain injury. At this point it is unclear what caused the problem with the surgery. It may have been a combination of the Fentanyl or a surgical mistake. Once Dowdy was taken to the hospital, the lawsuit alleges that she wasn't given the proper care and monitoring which also let to her death.

Joseph Hostetler filed a wrongful death lawsuit against David R. Leeper and Kenneth Fletcher on behalf of his 40-year old wife who was killed along with two others in a firey wreck involving a grain truck. According to the lawsuit Hostetler was driving her minivan when Leeper's grain truck lost its left rear tandem forcing Leeper to steer it onto the shoulder of the highway. Hostetler's van struck one of the tire and wheel combinations that was laying in the road causing the van to overturn and the van eventually landed on its roof.

Mrs. Hostetler and passengers Chester Gingerich and Perry Gingerich were all pronounced dead at the trucking accident scene. Mr. Leeper along with three other passengers in the minivan were injured. You can see how important it is that people properly maintain their trucks and cars. This was a tragic accident the occured because the truck was not properly maintained and many lives were ruined as a result.

“There’s a lot of requirements that have been enacted over the years,” he said. “One of the things that farmers do not have any exemption from is maintenance of the vehicle.”

Kevin Benes' family filed a wrongful death lawsuit against Michael Bourdage who was indicted on two counts of aggravated drunken driving in the car accident that killed Benes. According to the lawsuit Bourdages truck slammed into Benes' car killing him. Bourdage has pleaded guilty to more than a dozen traffic, drug and alcohol offenses in Will County, including a drunken driving charge in 2007.

This is a good example of someone minding their own business and being in the wrong place at the wrong time. It is important to hold those responsible for the death of someone else. When people are driving drunk or under the influence of drugs, they present a danger ton themselves and to the public. The unfortunate thing about a case like this is that the only available asset may be the insurance policy if the driver was insured. Many times, irresponsible drivers will have low insurance coverage or no coverage. It is also possible to recover through your own policy under the underinsured provision. It is therefore important to make sure you keep high limits on your underinsured policy.

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.

A $100 million wrongful death lawsuit claims Janice and Kenneth Berg died after their 2009 Toyota Camry’s throttle malfunctioned resulting in the car to accelerating and crashing into a utility pole. Months after the death of his parents Hall received in his mother’s mail a letter from Toyota to inform her that the gas pedal of her Camry could get stuck on the all-weather floor mats, causing a dangerous situation. Toyota ended up recalling 6 Million U.S. Cars because of problems with the throttle.

According to documents filed in the wrongful death lawsuit Toyota attempted to cover up the dangerous defects in many of its vehicles, first blaming driver inattentiveness in April 2009, then the floor mats months later. This type of behavior is outrageous. The fact that a large corporation would put the lives of consumers at risk so they could save a few dollars is obscene. Automobile accidents involving defective products are more common that one would think. This is a good example of why problems with automobiles should not be dismissed and if you are involved in a car accident you should inquire as to whether there is a problem with the equipment on the car.

“Subsequently, it has been allegedly discovered that Toyota was aware of problems with gas pedal sensors, causing sudden vehicle acceleration in many of its vehicles as early as March 2007, the lawsuit claims.

Former public works employee Denis Keenan died in January 2005 after his sweatshirt caught in a shaft at the back of a truck as he unloaded salt after a day of plowing snow. An autopsy determined Keenan died of asphyxiation by compression and his death was ruled an accident. His estate settled the wrongful death lawsuit for $500,000 and both parties can now move on with their lives.

A 2005 state report on the death of Keenan found the city's failure to replace a safety guard on the salt spreader, combined with a too-long mechanical shaft, were direct causes of Keenan's death. Keenan, a father of two, had worked for the city for about a year when he was killed.
After his death, Keenan's widow sued the company that made the alleged unsafe salt spreader that Keenan was working with. Many times in wrongful death lawsuits there are multiple defendants.

The city of Philadelphia, Chad Youth Enhancement Services Inc., and its parent company, Universal Health Services Inc, settled a wrongful death lawsit filed by the estate of Omega "Manny" Leach for $10,500,000. According to allegations in the lawsuit Leach died in June and his death was avoidable but for the negligence of the defendants.

Leach's death was the second such incident at the facility. According to documents prodcuded in the lawsuit Leach was being choked by an employee of the facility, Mr. Rae. A nurse who arrived on the scene reportedly found Leach was not breathing and did not have a pulse. He dies shortly thereafter. The facility had a duty to protect the young man from this type of activity and should have been better supervised.

The estate of a woman shot to death by Kansas City police officers filed a wrongful death lawsuit against the officers and the Board of Police Commissioners. Details of the lawsuit claim that police fatally shot Linda Friday inside her south Kansas City home. Two police officers arrived at Friday’s home after she dialed 911 and asked for an ambulance. After asking for the ambulance she hung the phone up. One of the police offices knew Friday had mental problems because of an earlier incident.

When the police arrived at the house they were greeted by Jason Friday and informed his mother did not need an ambulance. The officers then went to Linda Friday’s bedroom and she told them she didn’t need help and asked the officers to leavet. The problem escalated when a police officer turned off the stereo and Friday became agitated and pulled out a firearm. The police then fired and killed her.

The estate of football player Atlas Fraley filed a wrongful death suit against James Griffin the paramedic who treated him after he was suffering from cramps and dehydration. Fraley played football for Hill High School. According to details in the lawsuit Fraley was treated by paramedics and taken to his home instead of a hospital. Once home the 17-year-old called 911 and told an operator he was suffering from cramps and dehydration.

After the death the Orange County EMS filed a report stating that Griffin violated protocol. This type of death is completely preventable and should not have happened. The company that employed the paramedic should have had better command and control over what was going on.

Amanda Landis alleges in her wrongful death lawsuit that Livingston County sheriff's deputies used excessive force during their arrest of her father, Charles Keiser. As a result of his arrest Keiser died. According to the lawsuit officers held Keiser face down in a swamp while he was restrained and Tasered during an arrest attempt. Officers were trying to arrest Keiser after he was driving a bulldozer on the highway.

The police have a different version of events as they claim that they tried to pull Keiser's face out of the water, but Keiser resisted and pushed his face deeper into the water. It will be up to a jury to decide which side to believe. There were no criminal charges brought against the deputies. The county and Landis reached a $750,000 settlement last fall. One has to ponder the question as to why the county would pay so much money if it felt is was in the right.

A lawsuit was filed against Toyota for wrongful death after a crash involving a 2009 Toyota Corolla driven by Trina Harris. The estate of Trina Harris, who was killed when her Toyota Corolla suddenly accelerated and crashed in December 2009 alleges Toyota new about the defect. The estate is suing Toyota and the gas pedal’s manufacturer, and the Toyota dealership where Harris had leased the car.

It was very tragic as Harris was killed instantly when her Toyota Corolla drove through a stop sign and slammed into a concrete wall. The car was a 2009 model and you just don't expect to have mechanical problems when you purchase a new car. Of course now Toyota is recalling the vehicles and hopefully future tragic automobile accidents will be avoided. Trina is survived by a loving husband and two beautiful daughters.

The family of Robert Roming was awarded $3.6 million in a wrongful death lawsuit that resulted when Roming was crushed to death after his truck was overloaded with propane cylinders. This truck accident could have been avoided. The jury verdict was a clear indication of who was at falut. According to details at trial, Roming was crushed to death after a load of propane cylinders fell on him while he was trying to offload his truck during a delivery. The defendant in the lawsuit was Worthington Cylinder Corp.

A loader who worked for Worthington testified that he saw that the truck was overloaded and thought Roming may be in danger as a result. The lawsuit alleged the company disregarded safety in order to maximize profits by geting as many propane tanks in the truck as fast as possible. This type of behavior by companies is not acceptable. At least the jury saw what really took place here and did the right thing.

Robert Redfern the husband of Bertilia Redern who was killed in a traffic accident almost a year ago was awarded $620,000 in a wrongful death lawsuit against Cody Stevens who has admitted causing the crash. According to details of the lawsuit Stevens admitted to swerving into the southbound lane, causing Redfern to swerve and lose control of her vehicle which was then struck by a northbound truck. Bertilia Redfern was pronounced dead at the accident.

Stevens filed for bankruptcy protection and it is unclear if any money will actually be collected in this case. Usually, at least the insurance policy limits will be collected. This was a tragic case and illustrates the problems that can occur during a lawsuit--in this case the defendant filing for bankruptcy protection. Automobile accidents are many times life changing events and getting closure at trial or through settlement can many times help the healing process.

Lakeisha White an 11-year-old girl was killed when struck by a sheriff’s cruiser and her estate settled a wrongful death lawsuit with Rutherford County for $220,000. These types of cases are very difficult from an emotional standpoint. Many times the surviving parents just want closure and can't bear the thought of going to trial and hearing all of the details of their childs death. Although this amount may seem small given the girls young age, it also provides some closure to the parents.

Car accidents are the leading cause of death to young children. The police many times get caught up in catching the bad guys and responding to calls and forget that the streets and sidewalks are filled with innocent people. It makes no sense to kill innocent people while trying to catch small time criminals. In this case, the death of a young girl was caused by negligence and poor police training.

Potter County will pay $400,000 to settle a wrongful death lawsuit filed by the estate of a mentally challenged person who died in the jail. Michael Dick was diagnosed with paranoid schizophrenia and generalized anxiety disorder in 1999. He had been sentenced to eight years' probation in 2000 as part of his conviction for intoxicated assault with a motor vehicle. Dick's attorney sent a notice to the county jail warning jail officials of his mental condition, and that he required special attention at the jail. Later he was arrested for a probation violation and taken to a hospital and discharged to county custody, with orders to return if he experienced abdominal pain, dizziness or fainting.

According to court documents Dick never returned to the hospital despite experiencing the symptoms. Jail staffers removed Dick from his prescribed Xanax, allegedly causing withdrawal and he suffered a seizure causing him to slip and fall and hit his head. At that point he should have been taken to the hospital to receive medical treatment but was not. The jailers reported Dick claimed to hear voices and acted erratically and he was found dead in his cell a short time later. In a twist, a county-ordered autopsy revealed he died of a perforated ulcer. But a private autopsy ordered by his family also indicated he received traumatic injury to his abdomen while in custody

Bicyclist Thomas Hoskins's estate settled his wrongful death lawsuit for an undisclosed sum of money. The second person riding a bike who was killed in the accident, Lee Anne Barry, had her estate settle her wrongful death lawsuit for $2.5 million. The amount that either side could have been awarded at trial and paid was $55 million. The driver of the vehicle Sharon King was not company time at the time of the accident but was in a company owned vehicle and the company had insurance coverage in the sum of $55 million.

According to court documents the bicyclists had the right of way and there was little other traffic on the road when King was using her cell phone and hit both of the bicyclist killing them. As a result of this case, laws were passed making it illegal to text and use the cell phone while driving an automoble. Car accidents are the leading cause of death to bike riders.

“This case stands for the proposition that electronic distractions while driving — whether it’s cell phones, iPods or whatever — are deadly distractions that can lead to terrible tragedies,” Harpootlian said.

The City of Houston settled a wrongful death lawsuit for $225,000 after the accidental death of a woman following a collision of two city fire trucks. Leigh Boone died two weeks after the collision with the city fire trucks. According to reports the fire trucks were speeding to a fire call that turned out to be a false alarm. Boone unfortunately was standing at the corner next to her bicycle when a speeding ladder truck rolled on top of her.

The estate of Boone filed the wrongful death lawsuit primarily because they wanted change in the way fire stations compete for calls so that this type of accident does not happen in the future. The City of Houston Fire Department has changed the way it responds to fire calls as a result of this wrongful death lawsuit. These types of accidents are preventable and it is a good thing that the City was responsible enough to settle this lawsuit.

"What we do know is that there has been a specific focus on the policies in making sure these type of incidents don't happen again,”said Donald Kidd, with Perdue and Kidd, LLP.

Walt Disney World had a wrongful death lawsuit filed against it by the mother of a former monorail driver who was killed in a monorail collision. According to details in the lawsuit Adam Wuennenberg was operating a monorail train for Walt Disney World when another monorail switched tracks and backed into him. The accident was so severe that Wuennenberg had to be extricated from the monorail and later died of injuries sustained in the train accident. The lawsuit alleges that Walt Disney World failed to put in place safety procedures which could have prevented the collision.

According to reports, investigations into the accident revealed that the monorail system coordinator was not at this assigned post when the accident occured. In a piece of good news for the plaintiff in this case, a Wat Disney World employee admitted to erroneously activating a track switch which seems to be the primary case of the train collision. In a related piece of news Walt Disney World was fined $32,500 by the Occupational Safety and Health Administration ("OSHA") for safety violations.

Bay Area Rapid Transit also known as BART agreed to settle a wrongful death lawsuit with the estate of Oscar Grant for $1.5 million. Oscar Grant who was not carrying a weapon was fatally shot last year by a transit officer working for BART. According to reported terms of the settlement, the estate will receive an annual allowance from the settlement and the estimated payout over 20 years, will be between $4 million and $5 million including interest.

The incident began when Grant and his friends were pulled of the BART train for allegedly fighting. Secuirty guard Mehserle said he thought he was using his stun gun on Grant but accidentally fired his handgun while Grant was lying face down on the station platform, killing Grant. Mehserle faces murder charges in the death of Grant. The shooting was video-recorded by several bystanders and widely viewed on the Internet. It sparked violent protests and was used as evidence in a preliminary hearing last spring.

"You can't even begin to calculate in money the loss of the child's father," Burris said. "It was part of our motivation to at least financially secure her future."

Pendleton Memorial Methodist Hospital settled a wrongful death lawsuit brought by the family of Althea LaCoste, a 73-year-old woman who died after Hurricane Katrina left the hospital without electricity. The terms of the settlement a sealed and the amount is not available to the public. Generally when a hospital is sued it is for malpractice by doctors or other staff but in this case the allegations were the hospital negligently failed to prepare for a storm of Katrina's magnitude. Given the location of the hospital in relation to bad weather that could knock out power for prolong periods of time, the hospital should have had a better back up plan for vital services such as electricity.

LaCoste was at the hospital recovering from pneumonia and was hooked up to a portable ventilator which requires electricity. LaCoste was taken to the hospital as the hurricane approached. At the hospital LaCosta survived for 18 hours without power but the trauma of being without the portable ventilaor led to her death. It was good that the lawyer had a creative approach to holding the hospital responsible for the wrongful death of LaCosta.

The family of 23-year-old Michelle Hatchel, who was the girlfriend of Ed Scheetz, former chief executive of New York-based Morgans Hotel Group Co. which co-owns the Hard Rock in Las Vegas filed a $645 Million dollar lawsuit for wrongful death. Hatchel was found dead of a drug overdose in a luxury Turnberry Towers condominium on Aug. 29, 2007 and according to the lawsuit had received the cocaine and oxycodone that killed her from Scheetz. Three weeks after Hatchel died, Morgans said Scheetz resigned as Morgans president and chief executive officer for personal reasons.

According to the lawsuit Hatchel had been traumatized by the deaths of friends in the Columbine High School massacre in 1999 and Scheetz capitalized on her emotional troubles to induce her into drug use and sexual activity. Hatchel Scheetz at a Denver nightclub in 2005 and had a relationship with him and in the summer of 2007, Hatchel was flown to New York to be with Scheetz on a flight arranged by Scheetz's secretary at Morgans and then was flown to Las Vegas on Morgans' private jet. However things began to go wrong for Hatchel after arriving in Las Vegas. in text messages to friends Hatchel expressed unhappiness with the ex-girlfriend's presence and feared for her safety. This wrongful death lawsuit settlement should help the family get closure.

Fairfax County agreed Tuesday to pay $1.5 million to the family of Ashley McIntosh who was killed by a Fairfax police officer in a crash on Route 1, thus ending the wrongful death lawsuit against the county. McIntosh was driving her Toyota Corolla out of the Mount Vernon Plaza shopping center and was pulling onto Route 1 with a green light. Officer Amanda R. Perry was heading north on Route 1, with her emergency lights on but not her siren, when she drove through the red light at Boswell Road and struck McIntosh's car on the passenger side. McIntosh was ejected and died the next day. This type of wreckless driving is uncalled for and the danger posed by driving through a red light without the siren on is just plain stupid.

Fairfax prosecutors charged Perry with reckless driving but she was found not guilty in a bench trial. In a pretrial hearing, Perry acknowledged that she didn't use her emergency lights for several miles while heading to a reported fight in progress, in violation of police policy. There is a reason why departments have policies in place regarding using sirens and what to do when approaching intersections against the light. What makes matters worse is that the alleged fight was was actually the capture of a shoplifter. So this police officer ran a red light and took the life of a woman in her prime so she could respond to a call regarding a shoplifter. What a waste.

Niagara Falls city will pay $225,000 to settle a wrongful death lawsuit filed by the daughter of a Lockport man, Jonah R. Drisdom, who was shot by an off-duty police officer outside Niagara Falls Memorial Medical Center. Drisdom, 47, was shot to death by Walter R. Nichols Jr., an off-duty officer who was providing security at the hospital where Drisdom was a psychiatric patient. Drisdom left the hospital in a hurry with what turned out to be a harmless butter knife.

Using deadly force to shoot a mental patient who is only armed with a butter knife and where there were alternative methods to stop him is not justified. In this case, as in other cases where a loved one is killed, it is important to involve an attorney early in the process to protect your rights.

Man Wong died in an automobile accident on the Stevenson Expressway in Chicago after off-duty police officer Edward Stapinski lost control of his automobile. The family of Wong filed a wrongful death lawsuit seeking more than $20 million. It is alleged that Stapinski was intoxicated when the caused tha car accident. Stapinski has been charged with reckless homicide and aggravated drunken driving.

According to details in the wrongful death lawsuit Stapinski was southbound on the Stevenson Expressway after drinking at the WestEnd Bar and Grill in Chicago when he struck the concrete median barrier and went over the median into the northbound lanes striking the automobile driven by Wong. The wrongful death lawsuit claims Stapinski was severely impaired from drinking and blood taken at the hospital after the automobile accident showed his alcohol level at three times the legal limit. The legal limit in Illinois is .08. Aside from the wrongful death claim there is also a dram shop claim against the bar. Dram shop is the term for a cause of action against a business that sells alcohol to someone who then injures another person.

Four businessmen were killed when the Cessna 421B piloted by Mark Turek crashed just before landing at the Wheeling Illinois airport. According to reports from the National Transportation Safety Board ("NTSB") the airplane wasn't going fast enough to stop an engine stall. The wrongful death lawsuit was filed against the estate of pilot Mark Turek and Morgan Stanley alleging that Morgan Stanley used a nonprofessional pilot to fly employees to Illinois.

The lawsuit settled for $15 million prior to the case going before a jury. In cases like this, defendants like to minimize their potential exposure to large jury verdicts and the closer to trial the case comes, the more likely a settlement. The wrongful death case was filed in Cook County Illinois and Chicago area juries are known to award larger amounts than cases in other parts of Illinois. Small airplane crashes like this are also known to yield larger amounts in settlements because people who can afford to fly in private small aircraft usually make large amounts of money and therefore their estates will sue for more money in lost revenue to the estate.

Continue reading "Victims Families of Wrongful Death Airplane Crash Receive $15 Million" »

Southern California's commuter rail agency Metrolink will pay about $39 million to settle nearly all 189 wrongful death and personal injury lawsuits filed after the 2005 train derailment. Eleven train riders were killed and 180 injured when a man parked his SUV on the train tracks. The lawsuit alleged that Metrolink should have provided better safety controls to prevent the accident from occuring.

In wrongful death cases in Illinois it is important to prove that the person who died could have brought a lawsuit had that person survived. Another words, if the deceased person could have sued, the family can sue. In this case, as in other cases involving trains, personal injury and wrongful death, some of the issues to prove liability would be the speed of the train, the attention the conductor was paying to the tracks, any obstructions and the care Metrolink took in making sure the tracks would remain clear from obstacles that may result in an accident.

Continue reading "Train Derailment Lawsuits Involving Wrongful Death and Personal Injury Settled for $39 Million" »

This tragedy began in August 2006, when 22-year-old Cleve Bostick was run over by a pickup truck driven by longtime friend David Phelps. Phelps was charged with DUI manslaughter and is currently serving a four year prison sentence. Many times horse play around automobiles can lead to devastating consequences. In this case a young man with a very bright future lost his life.

Bostick's family sued Phelps for wrongful death and a jury awarded them $1.5 million. Although many cannot bring Bostick back, in our justice system it is the only civil remedy available and it helps keep people accountable. There are thousands of tragic accidents involving alcohol and motor vehicles each year. Hopefully, as more people become aware of these tragedies by reading news reports and blog articles less people will suffer.

"There's still a lot of sadness," said Attorney Paul Phillips. "A lot of grief and that may never end for them, but at least to know that someone has gone and found everything that there is to know. I think that gave them some closure."

Continue reading "Family Of Son Run Over By Truck Awarded $1.5 Million In Wrongful Death Case" »

Wackenhut Corrections Corp., known as the GEO Group, which runs a local prison settled a lawsuit in the beating death of Gregorio de la Rosa Jr. of Laredo for an undisclosed sum. The case involvedDe la Rosa being beaten to death while prison officials first watched and later tried to cover up by destroying evidence. The Thirteenth Court of Appeals affirmed the $40 Million Dollar judgment for wrongful death against the prison and rebuked the GEO Group and warden.

In a very callous act, the inmates used a lock tied to a sock while Wackenhut’s officers stood by and watched and Wackenhut’s wardens smirked and laughed according to the courts opinion. De la Rosa Jr., who served his country in the military was an honorably discharged former national guardsman. He was serving a six-month sentence for possession of less than one-fourth gram of cocaine. He ended up getting a death sentence by being held in this private prison and under the control of these negligent guards and warden.

"We find that Wackenhut’s conduct was clearly reprehensible and, frankly, constituted a disgusting display of disrespect for the welfare of others and for this state’s civil justice system," the appellate court said.

Continue reading "Private Prison Settles Wrongful Death Lawsuit--After Jury Returns $40 Million Dollar Verdict" »

Rite Aid is being sued by the family of John Sheridan alleging he died because of a pharmaceutical error. According to the wrongful death lawsuit Sheridan was given lethal doses of Temador which is a chemotherapy drug. Rite Aid gave Sheridan the Temodar prescription in September, which instructed him to take 14 capsules by mouth of the drug--one each day. Sheridan was only suppose to take one capsule every other week. The instructed dosage was ten times the usual recommended amount, and almost double the amount known to cause death.

The doctor who wrote the prescription admitted his fault and settled with Sheridan’s family. According to court papers, the instructed amount of Temador allowed the cancer to spread and led to the premature death of Sheridan at age 52. Rite Aid is being sued because they failed to catch the error of the doctor who wrote the prescription. It is important to speak with an experienced attorney if a loved one is the victim of the wrongful acts of another that leads to personal injury or death. When you take drugs in inproper amounts due to the errors of doctors and pharmacy personal, you could die or get severly injured.