Tag: negligence

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.

Lawsuit Filed Against Man Who Shot Home Intruder

Justice on Wooden Piece Arranged by BusinessmanA wrongful death lawsuit has been filed on behalf of a man who was shot and killed after he broke into a house in Helena, Montana.

The lawsuit alleges that Henry Thomas Johnson was running away when James George Stiffler shot him in the back. It accuses Stiffler of negligence, wrongful death and infliction of emotional distress.

The suit has been filed by Roxeen and Byron Wieder, the guardians of Johnson’s daughter.

Family Files Wrongful Death Suit after Boy Collapsed, Died in Delano School Gym

The family of a 13-year-old boy, who died after collapsing in school gym, is filing a wrongful death lawsuit.

Jose Manuel Beltran died on January 26, 2015, after collapsing during P.E. class at the gym in Cecil Middle School, Delano, California. According to the coroner, the cause of death was hypertrophic cardiomyopathy.

Following the death, the the law firm of Chain, Cohn, Stiles filed a civil claim on behalf of deceased’s family, against the Delano Union School District, the City of Delano, Kern County and the State of California. According to the claim, the school employees failed to provide emergency medical care, including CPR to the decreased. The claim further alleged that the negligence of school employees caused the 911 call to be directed to Canadian 911, resulting in delayed medical treatment.

The claim is seeking wrongful death damages, punitive damages and funeral and burial costs.

Ohio County Circuit Court Awards $18 Million to Family of Man Killed in Explosion

cropped-Fotolia_72101625_XS.jpgThe Circuit Court of Ohio County has awarded $18 Million to the family of a man killed in an explosion at a Tyler County oil and gas operation in 2013.

According to the lawsuit, Bruce Phipps, 56, was killed due to negligence of companies that were involved in operating the Eureka-Hunter Pipeline, LLC Twin Hickory pig launching and receiving station.

The lawsuit named Eureka-Hunter Pipeline, LLC, Transtex Hunter, LLC, Apex Pipeline Services, Inc., Triad Hunter, LLC, Exterran Energy Solutions, LP, Magnum Hunter Resources Corporation and Western Oilfields Supply Company, Inc. dba Rain For Rent as defendants.

Widow Sues Herself after Husband Dies in Car Accident

autoFollowing the death of a man in car accident in December 2011, Utah appeal court has allowed his widow to sue herself for negligence.

Fifty-five year old Barbara Bagley was driving the vehicle in Nevada desert when it crashed into a large bush. Her husband Bradley Vom Baur was thrown out of the car and died 10 days later.

According to Reid Tateoka, who is representing Ms Bagley, ”The insurance company refused to pay out and said she was at fault…It said it was prepared to pay for the car, but it would not take responsibility for her husband.”

Barbara Bagley, who is also the representative of her husband’s estate, is now seeking damages to cover the hospital expenses, funeral expenses as well as compensation for the pain suffered by Bradley.

According to the court’s decision, Ms. Bagley will have to present evidence against herself to prove negligence.

Ohio University Pays $1 Million in Settlement after Freshman Dies of Bacterial Meningitis

arbitrationOhio University has agreed to pay $1 million as settlement in a lawsuit filed by the father of a freshman student who died of bacterial meningitis.

Eighteen-year-old Andrea Robinson, of Cleveland Heights, died in 2010 after suffering from headache and fever. According to the court documents, Andrea was watching a movie with her boyfriend on the evening of Feb. 14, 2010, when she first experienced headache. Next morning, she called the Ohio University’s Hudson Health Center and told a medical assistant about her symptoms, including high fever, headache, stiff neck and chills. The medical assistant advised her to take Tylenol, drink water and rest.

However, her condition became worse by the evening. She called an ambulance which took her to O’Bleness Memorial Hospital. At the hospital, she was diagnosed with meningitis and was referred to Riverside Methodist Hospital. She could not regain consciousness and died 2 days later.

Court documents also showed that during the period of Feb. 16, 2009 and Feb. 7, 2010, 6 students were diagnosed with bacterial meningitis on the campus of Ohio University. They were all treated.

Following her death, Robinson’s father filed a lawsuit, claiming negligence, breach of standard of care and wrongful death. However, Ohio University agreed to pay $1 million in settlement before the case went to Ohio Court of Claims for trial.