Month: July 2015


Justice on Wooden Piece Arranged by BusinessmanThe widow of Joseph P. Koucky, who died while he was admitted in MC-Hinsdale, a nursing home in Hinsdale, Illinois, has filed a wrongful death suit.

According to the lawsuit, Joseph Koucky was admitted to MC-Hinsdale in stable condition on February 6, 2014 and died on April 27, 2014 due to substandard health-care facilities.

The lawsuit claims that the deceased developed bedsores and MC-Hinsdale failed to provide adequate care and physical therapy, thus contributing to his death.

Margaret Koucky, the widow, seeks a compensation of more than $50,000 plus fees and costs of attorney.


Justice on Wooden Piece Arranged by BusinessmanThe family of Frank Smart Jr., who died in Allegheny County Jail in Pittsburgh, Pennsylvania, has filed a wrongful death suit against the jail and its health care provider “Corizon Health Inc”.

Smart, 39, was arrested on January 4, on the charges of forgery, marijuana possession, theft and conspiracy. According to the lawsuit, he died on January 5, 2015, due to health-care negligence as he was shackled and handcuffed during a seizure. He was later taken to UPMC Mercy but could not survive.

The lawsuit claims that it was duty of the jail and the health care providers to ensure Smart’s safety and health, however, the Jail guards and health care providers ignored Smart’s requests for medication.


Justice scale on blue backgroundFollowing the death of Pablo Padilla Ayala, a Mexican farm-worker who was electrocuted by a power-line of Southern California Edison, a jury has awarded more than $4 million as wrongful death compensation to his family.

Ayala, 31, was killed on July 9, 2010, when his aluminium ladder came in contact with the power-line in Valle Vista, Los Angeles, California.

The wrongful death lawsuit alleged that the line was hazardously close to the farm trees, and Edison did not maintain it properly.

Family of Deceased Worker Files Wrongful Death Suit Against Boeing

Family of a 50 year-old Boeing worker has filed a wrongful death suit after he was fatally injured while installing airbag inflator in the aircraft.

Ken Otto sustained serious injuries after the airbag inflator discharged and hit him on his face on the flightline in Everett, Washington, on November 13, 2014. He was immediately taken to hospital but could not survive.

The wrongful death lawsuit, filed on July 1, claims that Boeing showed negligence in warning Otto and others about the possible hazards of working on a faulty airbag inflator.

Father of Teenager Killed While Driving Drunk Files Wrongful Death Suit Against Alcohol Businesses

autoThe father of Johnathan Taylor, who was killed on June 28, 2014 at Hunting Ridge Road, North Raleigh in North Carolina, while driving drunk, has sued the businesses who served and supplied alcohol at the wedding party Johnathan had attended before the crash.

Johnathan, 18, who was a fresh graduate, was returning from a wedding party held at physician Charles Matthews’s home, when his car smashed into a tree.

The wrongful- death lawsuit was filed by the Taylors against “Ridgewood Wine & Beer”, the company that supplied alcohol at the party, and “Parizade”, a Durham caterer and restaurant, that served alcohol at the party. The Wake County ABC Board is also being sued for selling alcohol to underage, as the Taylors claim Johnathan had visited ABC store at Cameron Village before the party.

Family of Businessman Killed in Train Crash Files Wrongful Death Suit against Amtrak

autoThe family of a business man, killed in the May 12 train accident near Philadelphia, has sued Amtrak for their alleged outrageous conduct and negligence in the crash.

Robert Gildersleeve Jr., 45, who was the vice president of a food safety company ‘Ecolab’, was killed along with 7 other people when the Amtrak train derailed after approaching a sharp curve at the speed of over 100 mph. Over 200 people were injured in the accident.

The wrongful-death lawsuit was filed on June 29 on behalf of Gildersleeve’s wife Danna, 2 children and his parents.

Asiana Airlines Flight 214 Crash: Passengers File Class Action Suit in South Korea

Passengers of Asiana Airlines Flight 214 that crashed in San Francisco in 2013 have filed a class action suit in South Korea.

There were about 300 passengers aboard the ill-fated Boeing 777 plane at the time of crash. Three Chinese passengers were killed while around 180 others were injured.

The lawsuit has been filed by 53 passengers, including 25 Chinese, 27 South Koreans and one Indian. It seeks a sum of $30 million as a compensation for mental distress, injuries and damage to personal property.

Counting the Increasing Number of Victims: Hercules Crash in Indonesia

One hundred and forty-two people (so far) were determined to have been killed by the Indonesian AF Lockheed C-130B Hercules that just crashed into a residential neighbourhood near Medan-Soewondo Air Force Base, Tuesday June 30. However fewer than that number were supposed to be aboard the plane. Initial numbers released were 12 crew and 101 passengers. Families said their relatives had paid to be on the aircraft, but that is in violation of Indonesian military regulations. Some of the twenty-nine additional bodies recovered from the wreckage may have been in the buildings that were impacted, but some were unauthorized passengers.

I wonder about compensation for those unofficial passengers–if they will get less or more as a consequence. They (maybe) thought they had legitimate tickets. In any case, they are just as dead as everyone else. Likely there will be punitive measures taken, but broken rules are not necessarily broken law. How will investigators determine who profited from those fraudulent tickets or instead, will the military be punished for poor oversight? This all remains to be seen. Let us hope that compensation for those families left behind will be just. Insurance companies use a compensation formula that covers pain suffered by those on board, and is determined by factors like age, dependents and earning potential. The international treaty known as the Montreal Convention guarantees a (floating) minimum level of compensation for families; but sometimes the operator, (like Lufthansa, for example, in the case of the Germanwings crash) will try to get by with paying less.

But we should not ever lose sight of the horror of this accident. Yesterday morning, one hundred and forty-two people were alive, and full of promise. Today they are history.

Maricopa County to Pay $1 Million to Settle Wrongful Death Claim

arbitrationMaricopa County has agreed to pay approximately $1 million to the family of a 47-year-old man, who died a painful death in a county jail in 2013.

On September 30, 2013, Felix Torres was stopped for violating traffic rules. The officers later recovered drug paraphernalia coated in meth residue from him and found out that there was an arrest warrant out for him for driving without license and not appearing in court. He was booked in jail where he died a week later.

According to reports, Torres complained of severe stomach pain 3 days after his arrest. He was taken to County Medical Center where he told the doctors about his history of ulcer issues. However, the doctors gave him Toradol injection that is not suitable for ulcer patients. Torres was brought back to jail after the treatment where his condition kept worsening. He repeatedly asked the detention officers for help but they refused to help him. Witnesses reported that he kept crying with pain and begging for help but no one helped him. He was found dead in his cell at 11 P.M. on October 5.

Following his death, his mother Guadalupe Torres, had filed a wrongful death claim, worth $3.5 million, against Sheriff Joe Arpaio and others.

Texas State Bar Sues Personal Injury Attorney for Alleged Professional Misconduct

courtroomThe Texas State Bar has filed a disciplinary suit in Harris County district court against personal injury attorney Taft Lavon Foley who allegedly botched a wrongful death suit.

The disciplinary petition, filed on June 30, alleges that Foley showed a professional misconduct while representing a woman named Deshawn Cade, whose son was killed in a fire incident at Palmview Apartments, Houston, on March 24, 2012. It claims that Foley failed to keep his client informed of case’s status, respond to case briefs and meet deadlines.