Wrongful Death

The information below is from the Maryland Asso for Justice, many of the brief blurbs are from other jurisdictions and may very likely not apply to Maryland cases.

$2.6M Settlement Reached in School Shooting Lawsuit

A $2.66 million settlement has been finalized in a wrongful death lawsuit over the deaths of three Ohio high school students during a school shooting. The lawsuit was filed by the families of the victims against the shooter, a then-17-year-old student, and his family members. The lawsuit was originally filed in Lake County Common Pleas Court and claimed negligent supervision on behalf of the shooter’s family members, including his grandparents with whom he lived.

Staff Report, WKYC 3 05/21/2014

Lawsuit Filed Over Death of “Midnight Rider” Crew Member

The family of a camera assistant who was killed during the filming of a Gregg Allman biopic called “Midnight Rider” has filed a wrongful death lawsuit over the woman’s death. The 27-year-old’s parents filed the lawsuit after she was killed, and six others were injured, when a freight train crashed into the crew as they were filming in Doctortown, Ga. The lawsuit claims that the filmmakers “operated without minimum safety precautions and contrary to standard industry practices for productions of this scale and for productions involving dangerous filming conditions.” The lawsuit was filed in Chatham County State Court in Georgia on Wednesday and seeks unspecified punitive damages.

Richard Verrier, LA Times 05/21/2014

Judge Rules Wrongful Death Suit Can Continue

On Thursday, a federal judge ruled that a wrongful death lawsuit over the shooting death of a man from Charlotte, N.C. by a police officer can continue. The officer who shot the man is facing a voluntary manslaughter charge in connection with the September shooting and the court will not permit his questioning as part of the civil lawsuit. Named as defendants in the lawsuit are the police officer, the police department and the city.

Michael Gordon, Charlotte Observer 05/13/2014

Read Article: Charlotte Observer

Jury Rules In Favor Of Doctor in Wrongful Death Suit

A jury has ruled in favor of a Las Vegas doctor who was named in a wrongful death lawsuit over the case of a professional golfer found dead in her home in May 2010. The lawsuit, filed by the golfer’s parents, cited wrongful death and medical malpractice claims against the doctor who found the woman after she committed suicide. After an hour of deliberation, the jury determined that the doctor “did not breach the standard of care in his treatment.”

Tommy Hicks, AL.com 05/14/2014

Lawsuit Filed Against Maternity Center Over Baby’s Death

A mother from Rock Hill, S.C. has filed suit against a maternity center over the death of her baby in March 2013. The lawsuit alleges wrongful death of the plaintiff’s baby, negligent infliction of emotional duress, unfair and deceptive trade practices, as a well as a “survival” action. The plaintiff arrived at the maternity center for her 39-week checkup and was experiencing painful contractions. After an hour of the contractions, a midwife could not detect a fetal heartbeat and the plaintiff’s husband then took her to a hospital, where the baby was pronounced dead. The maternity center and two midwives lost their licenses because they did not consult a physician during the difficult birth, which is required by law.

Don Worthington, Herald Online 05/14/2014

Lawsuit Filed Against Ala. Police Over Shooting of Unarmed Man

A federal wrongful death lawsuit has been filed over the shooting of an Alabama man by an Alexander City police officer. The man from Dadeville, Ala. was unarmed when he was fatally shot by a police officer on March 8. According to the lawsuit, an employee from a local restaurant called the police after the victim got into an argument with one of the restaurant’s employees. The lawsuit contends that the caller falsely told the police that the man had threatened to shoot someone or blow up the restaurant. The unarmed man was then found and shot to death by a police officer. The lawsuit alleges that constitutional rights were violated and seeks monetary damages for wrongful death.

Mike Cason, AL.com 05/15/2014

Mom to File Lawsuit Over Son’s Death in Hot Jail Cell

A New York woman has announced plans for a $25 million wrongful death lawsuit against the city over the death of her son, a mentally-ill, homeless veteran, in a 101 degree jail cell. The 56-year-old Marine veteran was found dead in his jail cell at Rikers Island on Feb. 15. An official cause of death has not yet been determined according to the medical examiner’s office, but the preliminary report indicates that hyperthermia was the likely cause. The veteran had been jailed on a misdemeanor trespassing charge and was unable to make bail.

Jake Pearson, San Francisco Chronicle 05/15/2014

Wrongful Death Suit Filed Over Fatal Police Shooting

A wrongful death lawsuit over the shooting death of a man by Long Beach, Calif. police officers is set to be filed by two of the man’s aunts. The women announced their intent to file, along with their attorney, outside a federal courthouse in downtown Los Angeles yesterday. The 36-year-old man was shot to death by police officers while fleeing after a confrontation at a Target store over an alleged theft. Video footage of the incident shows the man fleeing with his hands visible to the officers. The lawsuit seeks damages in excess of $10 million.

Christine Mai-Duc, LA Times 05/08/2014

Read Article: LA Times

Family Sues University Over Close Range Shooting of Their Son

A wrongful death lawsuit has been filed against the University of Incarnate Word in San Antonio, Texas over the death of one of its students last December. The student was shot five times at close range by a university Corporal after a traffic stop near the campus. According to the Corporal, he was forced to shoot the young man at close range after a six-minute long physical confrontation during the traffic stop. The lawsuit seeks damages for “physical pain and suffering” and “Conscious mental anguish” before the man’s death as well as funeral and burial expenses.

Bailey McGowan & Dillon Collier, KHOU-TV 05/08/2014

Mother Files Suit Over Tough Mudder Obstacle Death

The mother of a man who died after participating in an obstacle race in West Virginia has filed a wrongful-death lawsuit against the organizers of the event. The lawsuit alleges that Tough Mudder officials did not properly supervise or prepare safety precautions for the obstacle course. The plaintiff’s son jumped from a platform into a 13-foot-deep pool of muddy water during a “walk the plank” obstacle and did not resurface. He died in the hospital the next day. The lawsuit was filed in Marshall County Circuit Court in West Virginia last month and is seeking unspecified damages and attorneys’ fees.

Pamela Wood, Baltimore Sun 05/06/2014

Widow Files Lawsuit Over Fatal Lamborghini Crash

A lawsuit has been filed by the widow of a Miami doctor who was killed in a car accident in April. The doctor was riding in a Lamborghini with a friend who was driving 100 miles per hour while intoxicated when they collided with a parked SUV. The driver of the SUV was severely injured as well as the driver of the Lamborghini, who has been in the hospital since the accident. The wrongful death suit was announced at a news conference Monday morning.

Wrongful Death Suit Filed Against Police Over Man’s Death

The father of man from Bangor, Maine who died after an altercation with police officers has filed a wrongful death lawsuit. The young man, who was under the influence of drugs, was hit with an officer’s Taser during an arrest and died at a hospital five days later. The lawsuit, which seeks a total of $6.65 million, alleges that the officers had no reason to stop the young man and that they used excessive and deadly force. The father’s lawsuit also alleges that “there was deliberate indifference after his son had a heart attack on the sidewalk while being handcuffed.”

Nok-Noi Ricker, Bangor Daily News 03/19/2014

Uber Faces Wrongful-Death Lawsuit Over Girl’s Death

Uber, the tech-savvy transportation service is facing its first wrongful-death lawsuit over the death of a 6-year-old girl in San Francisco. The girl was hit and killed by an Uber driver who was waiting for a patron. The girl’s mother and brother were also injured in the incident. The transportation company claims that Uber drivers who are logged into the system, but not transporting customers, are not considered Uber drivers. The lawsuit challenges Uber’s stance and alleges that “even when there is no fare in the car, the drivers are in essence on the clock, working for Uber.”

David Streitfeld, The New York Times 01/27/2014

Suit Filed over Kayaking Death of Gonzaga Student

A lawsuit has been filed against Gonzaga University and the city of Spokane, Wash., over the death of a student on a kayak trip last April. The boy died from hypothermia after his kayak tipped over in the “frigid waters” of Rock Lake. The suit claims members of the city parks department and the university should have known the water temperatures and windy weather conditions made it dangerous to kayak on the lake, and should have done more to get the victim to a hospital immediately after falling into the water.

Jonathan Brunt , The Spokesman-Review 02/06/2013

Man’s Drowning Prompts Lawsuit in San Francisco

The family of a man who died in a South San Francisco parking garage structure last year have filed suit against the city and the people that run the lot. The man was spraying weed killer when he fell through some rotted boards into a 9-foot-deep water-filled pit and drowned. The suit accuses the defendants of failing to warn the public of the danger and failing to properly maintain the area.

Joshua Melvin, San Jose Mercury News 01/31/2013

Suit Settled over Taser Death in Cincinnati

The University of Cincinnati has agreed to pay $2 million to settle a lawsuit over the death of a student who was killed after being shocked with a Taser by campus police. The incident occurred when campus police responded to a report of a fight breaking out at one of the dorms; the victim was not involved in the fight, but instead trying to fend off attackers, witnesses said. As part of the settlement, campus police may no longer use Tasers and a scholarship fund has been established to help the victims’ siblings attend college.

Dan Horn, The Cincinnati Enquirer 01/24/2013

Lawsuit Filed Against NFL over Junior Seau’s Death

The family of former NFL player Junior Seau has filed suit against the league, claiming that his suicide was the result of a brain disease caused by repeated blows to the head. The family says the NFL “hid the dangers of repetitive blows to the head” from players and “ignored and concealed evidence of the risks associated with traumatic brain injuries.” Helmet manufacturer Riddell, Inc., is also named as a defendant in the suit.

Cindy Boren, The Washington Post 01/24/2013

Fatal Police Shooting in Georgia Prompts Suit

The family of a 19-year-old Georgia man who was shot and killed by a Houston County sheriff’s deputy has filed suit against the department, alleging unreasonable use of deadly force. The victim was suspected of burglary when he was shot in the back of the head in a pecan orchard by an officer; the suit says the officer killed the man to “merely prevent his escape.” The lawsuit is seeking the value of the man’s life and damages to be determined by a jury.

Becky Purser, Macon Telegraph 01/23/2013

Suit: Man Texting While Driving, Caused Fatal Accident

The death of a 15-year-old Utah boy who was killed in a car accident has prompted a suit by the boy’s family against the driver of the car involved. The suit alleges 28-year-old Jeffery Bascom was texting while driving, causing him to drift off the road and strike the victim, who was walking down the sidewalk. In Utah, texting while driving is a second-degree felony.

Stephen Hunt, The Salt Lake Tribune 01/16/2013

County Settles Suit over Death of Inmate

Gregg County, Texas has settled a lawsuit with a local family over the death of an inmate in 2010. The suit contends that the woman, a drug addict, was denied her prescription medication after being arrested over misdemeanor theft warrants. She was found unresponsive in her cell five days after her arrest. The terms of the settlement were undisclosed.

Staff Report, Tyler Morning Telegraph 01/17/2013

Arizona Police Named in Fatal Shooting Lawsuit

The Las Cruces, Ariz., Police Department has been hit with a wrongful death lawsuit over the fatal shooting of a local man during a December 2011 arrest. The man was shot 11 times in the back by three police officers as, a witness on scene said, he fled on foot with his hands cuffed behind his back. An internal police investigation states that the man had grabbed a gun from his car, which contradicts eyewitness testimony that his hands were bound.

Rene Romo, Albuquerque Journal 01/17/2013

$8 Million Awarded in Conn. Wrongful Death Lawsuit

A jury has ruled that a Connecticut physician and his employers must pay $8 million in a wrongful death lawsuit. The lawsuit was filed by the family of a man who committed a murder-suicide in 2009, killing his wife and himself. The lawsuit alleged that the physician’s “carelessness and negligence” and “failure to properly evaluate [the man's] mental state and recognize suicidal tendencies” led to both deaths.

Kelly Glista, The Hartford Courant 01/08/2014

Read Article: The Hartford Courant

Lawsuit Alleges Negligent Care at Texas Nursing Home

The family of an Alzheimer’s patient from Waco, Texas, who died while at a nursing home in September 2012, has filed a wrongful death lawsuit against the facility. The lawsuit alleges that the nursing home’s negligent care led to the 81-year-old’s death. The patient was placed in the nursing home in December 2011 as he suffered from Alzheimer’s disease and Parkinson’s disease, requiring 24-hour attention. He died in September 2012 “after months of severe and agonizing pain and suffering” from pressure ulcers he developed at the nursing home, which the lawsuit alleges could have been prevented by the staff.

Tommy Witherspoon, Waco Tribune Herald 01/09/2014

Read Article: Waco Tribune Herald

Wrongful Death Suit Filed Over Shooting of U.S. Army Veteran

The parents of a U.S. Army veteran who was fatally shot by a police officer have filed a wrongful death lawsuit against the town of Farmington, Maine. The 28-year-old was shot outside Town Hall after he threatened an officer with a knife. The lawsuit alleges that “the officer never called for backup, continued firing after [the man] was disarmed and was not fully trained.” The town says there is insufficient evidence to prove that the veteran, who served in Afghanistan, suffered from post-traumatic stress disorder.

Staff Report, San Francisco Chronicle 01/09/2014

California Child Care Facility Sued over Boy’s Death

A wrongful death lawsuit has been filed against a former child care facility in San Rafael, Calif., over the death of a 4-month-old boy last fall. In the suit, the boy’s parents accuse the facility owner and two employees of failing to properly supervise the children and provide necessary medical care. Criminal charges have also been filed against the defendants.

Gary Klien, San Jose Mercury News 01/04/2013

Suit: School Gave Student Drug without Permission

The mother of a second-grade Cincinnati student has filed a lawsuit against the school, alleging school officials gave the boy a drug without permission that put him in the hospital. The suit alleges that a school aide gave the boy an anti-hyperactivity pill that was not prescribed to him, causing “rapid heartbeat, excessive blinking, involuntary movement of his limbs and labored breathing.” The mother is seeking unspecified damages in her lawsuit.

Janice Morse, USA Today 01/09/2013

Police Taser Suit Tossed in West Virginia

A federal judge in West Virginia has dismissed a suit against Martinsburg police who were accused of “violating a man’s civil rights” by using a Taser to subdue him. In his dismissal, the judge found that officers had used “reasonable force” in subduing the plaintiff during a May 2011 arrest.

Wire Report, The Charleston Gazette 01/09/2013

Wal-Mart to be Defendant in Wage Lawsuit

A federal judge has ruled that retail giant Wal-Mart can be listed as a defendant in a class-action suit filed by temporary warehouse workers in the Inland Empire. The suit, which lists about 1,800 plaintiffs, accuses Wal-Mart, warehouse operator Schneider Logistics and two staffing agencies of failing to pay minimum wage or overtime. The judge ruled that despite the plaintiffs not being directly employed by Wal-Mart, the retail company is responsible for the actions of all its contractors.

Shan Li, LA Times 01/08/2013

Man Attacked in Hotel Restaurant Files Lawsuit

A Chicago doctor has filed a lawsuit against a local restaurant in the Westin Hotel after he was “violently attacked and stabbed” by another man in the bathroom of the restaurant. The suit accuses hotel officials of negligence, saying they allowed “unauthorized persons to gain access to their hotel, restaurant and restroom facilities” without performing proper security checks. The suit also names the attacker as a defendant and is seeking unspecified damages.

Jennifer Delgado, Chicago Tribune 01/08/2013

County Settles Suit over Sheriff’s Fatal Wreck

Pierce County, Wash., has agreed to settle a $1.65 million wrongful death lawsuit with the family of a local man who was hit and killed by a sheriff’s patrol car. The suit accuses the deputy driving the vehicle of negligence and reckless; he struck the victim while on his way to respond to a call. The sheriff’s department maintained the incident was a “tragic accident.”

Wire Report, The News Tribune 01/09/2013

Fatal Nashville House Fire Prompts Suit

The death of a young woman in a house fire in East Nashville last spring has prompted a lawsuit by the girl’s family against the owner of the home. The suit claims the owner of the home and property management company “kept the property in poor condition” and never acted on lease violations that threatened residents and guests. When the fire started, the suit states, no smoke alarms went off, which could have given residents and guests the time to escape.

Nate Rau and Bobby Allyn, Tennessean 01/11/2013

Fatal Massachusetts Fire Prompts Lawsuit

The death of a Massachusetts woman and her six-year-old daughter in a September fire has prompted a lawsuit against the owner of the converted farmhouse in which they slept. The lawsuit claimed the apartments lacked proper working smoke detectors, and that the victims had complained on multiple occasions about this fact to the defendant before the fire occurred. The lawsuit is seeking unspecified damages on behalf of the victims’ family.

Donna Boynton, Worchester Telegram & Gazette 12/07/2012

Suit over Death of Foster Child Can Proceed

A federal appeals court in Colorado has ruled that a wrongful death lawsuit against two Denver child protection workers can proceed. The lawsuit accuses the workers of failing to “investigate suspicions of abuse” leading up to the death of a 7-year-old boy from starvation. The boy died in May 2007 in the closet of his foster parents’ home; he was 20 pounds underweight and severely dehydrated.

John Ingold, Denver Post 12/20/2012

$591,000 Awarded for Death of UW-Stout Student

A Wisconsin jury has awarded $591,000 to the parents of a 22-eyar-old UW-Stout student who died in a bicycle crash in 2010. According to the suit, the student was allegedly being chased by two other students after the three of them had a disagreement at a local bar. Witnesses offered different accounts of how the student crashed into a concrete barrier, but felony murder and battery charges were dismissed against both defendants.

Pamela Powers, The Leader-Telegram 12/19/2012