Wrongful death deserves just compensation

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Wrongful Death Claim Filed Against Car Dealer after Man Dies of Carbon Monoxide Poisoning

Justice on Wooden Piece Arranged by BusinessmanFollowing the death of a man due to carbon monoxide poisoning, his estate administrator has filed a wrongful death claim against Autobarn Volkswagen of Countryside, Illinois.

According to the complaint filed by Kevin O’Rourke on behalf of Phillip Osborne’s estate, Osborne died in May 2015 after he took his car to Autobarn Volkswagen for repair.

The plaintiff alleges that the defendant failed to inform Osborne that his vehicle was releasing carbon monoxide into the passenger compartment, and then allowed him to travel back in the unsafe vehicle.

The plaintiff is seeking $50,000 in addition to the court costs.

Family of Football Player Who Died of Head Injuries Sues Helmet Manufacturer

Justice scale on blue backgroundThe family of a 17-year-old Bogan High School football player, who died of a head injury, has filed a wrongful death lawsuit against the helmet manufacturing company ‘Riddell’.

Andre Smith was playing against the Chicago Vocational at Stagg Stadium, Chicago, Illinois, on October 22, 2015, when he suffered blunt force head injuries. He was taken to hospital where he died the next morning.

The lawsuit alleges that the helmet manufacturer failed to warn Bogan that the Revolution Speed helmet did not work if the air bladders were inappropriately inflated.

The family further claims that the Chicago Board of Education should have ensured that the air bladders were inflated during the game.

Family Sues Nightclub after Man Dies of Flesh-Eating Infection

Justice scale on blue backgroundThe family of the man who died from an infection caused after a fight outside a San Diego nightclub has filed a wrongful death lawsuit.

Conner Kepple, 21, entered into a fight with nightclub employees after he was kicked out of the club for hitting a bouncer.

He later developed fast-spreading necrotizing fasciitis in an injured leg and died about a week after the fight.

The prosecutors have said they will not file criminal charges.

Family of Shooting Instructor Killed by a 9-Year-Old Sues the Gun Range

Justice scale on blue backgroundThe family of a shooting instructor who was accidentally killed by a 9-year-old girl has filed a wrongful death lawsuit against the Arizona gun range.

Shooting instructor Charles Vacca was killed on August 25th, 2014, after he allowed the girl to fire the Uzi on her own.

The lawsuit filed in the Mohave County Superior Court states that “the Uzi was not a safe or appropriate weapon to entrust to a 9-year-old girl like the Child Shooter, which caused her to lose control of the weapon when firing.”

Parents File Wrongful Death Lawsuit after Girl Chokes on Marshmallow

cropped-Fotolia_72101625_XS.jpgParents of an 11-year-old girl who died after choking on a marshmallow have filed a wrongful death lawsuit.

According to Jason and Iris Estabrooks, their daughter Azriel was attending a birthday party at Raymond and Alison Dugan’s home on April 16th when she ingested a marshmallow that got stuck in her throat. “After suffering the pain and fear of choking and an inability to breath and an inability to speak, Azriel lost consciousness and fell to the ground,” the lawsuit claimed.

She was later taken to hospital where she died on April 21.

The lawsuit accuses the hosts of carelessness and negligence.

Family Files Wrongful Death Lawsuit after Death of Mentally Ill Inmate

Justice scale on blue backgroundThe family of a 37-year-old mentally ill inmate, who died last year after being repeatedly stunned by a Taser has filed a wrongful death lawsuit.

The Fairfax County jail guards were trying to transfer Natasha McKenna to another facility when she confronted them. The guards stunned her four times by a Taser while she was still partially restrained.

McKenna’s family is seeking $15 million in damages.

Jury Awards $5 Million to Family of Man Who Died in Montgomery County Hospital

Justice scale on blue backgroundFollowing the death of an 88-year-old man at Abington Memorial Hospital in Montgomery County, Pennsylvania, a jury has awarded $5 million to his family.

Marvin Summerford was shifted to the hospital in November 2008 due to episodes of fainting. He died less than a week later after radiologists misread an X-ray, causing a feeding tube to fill his left lung. According to plaintiffs’ lawyer Michael A. Trunk, “Marvin Summerford’s lung was pumped full of feeding solution, in essence slowly drowning him while he was fully conscious and his arms were restrained.”

The hospital said in a statement, “This was an unfortunate outcome for the family…However, the hospital is disappointed in the award and is considering post-trial options.”

UC Settles Ted Agu Wrongful Death Lawsuit for $4.75 Million

courtroomFollowing the death of Cal football player Ted Agu during a team drill, the University of California has settled the wrongful death lawsuit filed by his family, for $4.75 million.

Agu, 21, died in winter 2014 after a supervised offseason workout outside Cal’s Memorial Stadium. After his death, his parents filed a wrongful death lawsuit alleging that the university put him in such a strenuous workout even when the doctors and coaches knew about his sickle cell trait.

On April 14th, the University of California and Agu’s family reached a settlement, bringing months of negotiations to an end.

Case of 2008 Crash of Bell Chopper in Peru Revived in Oregon Court

Echoes of a crash of a helicopter in Peru in 2008 are being felt in Multnomah County, Oregon in 2016.

In the crash, while surveying for oil, two pilots and eight Rio Tinto employees were killed when they impacted a mountain in the Andes. Parties in Peru could not agree if there was mechanical failure. The flight also encountered bad weather.

The helicopter was leased by Evergreen International Aviation Helicopters which was based in McMinnville, in Multnomah County. Evergreen’s parent company filed for bankruptcy in 2015, but sold the helicopters division to Erickson Air Crane.

Officially, on March 3, 2008 the Bell 412EP #N417EV, owned by Evergreen Helicopters, Incorporated, and operated by Helinka S.A.C. impacted the Andes mountains 10 nautical miles west of Santa Cruz, Cajamarca, Peru. The United States certificated airline transport pilot, the Peruvian provisional co-pilot, and 10 passengers were fatally injured. According to the NTSB, the helicopter was operating on a company visual flight rules flight plan under Peruvian flight regulations. Eight miners from the Rio Tinto mine were en route to Chiclayo. The helicopter impacted about 3,500 feet above sea level, and was further destroyed by fire at 6 degrees, 38 minutes south latitude, 79 degrees, 10.5 minutes west longitude.

Lawyers initially filed the case in Multnomah County Circuit Court but it was dismissed. At the time, the court decided Peru was the better location for litigation.

Lawyers appealed, and the Oregon Court of Appeals sent the case back to Multnomah.

Domino’s Pizza Ordered to Pay Over $10 Million in Wrongful Death Lawsuit

Justice scale on blue backgroundAfter a crash with a Domino’s Pizza delivery driver killed a man, an Orange County jury has awarded over $10 million in the wrongful death lawsuit filed by his widow.

Richard Wiederhold, a district fire chief in Brevard County, suffered a spinal cord injury in the January 2011 crash, that resulted in Quadriplegy. He later died of his injuries in March 2012.

The jury determined that Michigan-based Domino’s Pizza was responsible for its franchisees and ordered them to pay over $10 million.

Domino’s Pizza LLC is planning on petitioning for a new trial. Company spokesperson Tim McIntyre said. “The delivery driver was an employee of an independent franchise owner…As he did not work for us, we believe there are grounds for a new trial.”

WD News for Lawyers and their Clients on claims in common law jurisdiction brought in a civil action, usually by close relatives, against entity held liable for a death