Archive for wrongful death – Page 4

Widow Sues Power Company for Negligence that Led to Husband’s Death

UHP Trooper Erick Ellsworth’s widow is suing Rocky Mountain Power and a teenage girl (not mentioned in the suit) for the deadly car crash that led to the death of her husband.

Erick was serving in a cleanup of a sagging cable which apparently had been sagging since 28th November 2016. Erick succumbed to his injuries 4 days later after being struck by a car being driven by the teenager who is not mentioned in the suit because she is a minor. The cable was not fixed by the time Erick was arriving there.

The lawsuit was filed on a 3rd district court on 2nd February, 2018 states that “Rocky Mountain Power by acts or omission, caused serious injuries to Erick Dale Ellsworth and ultimately his death.” Rocky Mountain Power had been informed about the cable though no one came to repair before the arrival of Erick.

Erick parked his car at the edge of the street for oncoming vehicles to spot the cable by shining his car head lights on the cable. Erick stopped a semitrailer truck at around 8:37 pm that would have snagged the cable if it attempted to go under it.

After efforts on trying to reach a spokesman for Rocky Mountain Power to speak on the accusations, he declined to comment on the charges. The company made no efforts to comment on any of the accusations against them.

According to the lawsuit, the teenager’s truck struck Ellsworth suddenly and without any warning. This has brought disorientation to the home of Erick Ellsworth. The lawsuit was made accusing the first defendant, Rocky Mountain Power, of negligence. The minor was sued for reckless driving and the issue of underage driving seemed to be a possible lawsuit that will also befall the minor.

Janica Ellsworth, the widow, is inquiring for compensation for Medical expenses, funeral, and other bills. She is also seeking compensation long run wages for loss of care, comfort, guidance, love, society, affection, support, associations, and services that Erick would have provided. Janica has requested for a jury to give the verdict on the case.

Erick Ellsworth was 31 at the time of his death and had served as a trooper for seven years. He left behind his wife and three sons.

A Chicago Father Sues Foster Care for Negligence After His 9-Month Old Baby Died

A Chicago northwest father has filed a lawsuit against childcare claiming that the program denied him his constitutional rights and freedom as a father and released his 9-month old daughter to her careless mother who later caused her death. Justin Freeman describes the program in question as an option to foster childcare and claims that the program blatantly declined to release Cherish to his care.

Negligence

Justin Freeman filed a lawsuit on February 7th, 2018 accusing the non-profit organization of negligence by declining to release his daughter to him without the mother’s consent after he was employed. He says that the organization, later on, conspired with the mother of the child and released the 9-month old toddler to her mother without him knowing.

The couple had voluntarily taken their baby to the SFC (Safe families for Children) program in early September after they were unable to provide for themselves. The organization, which is based in Chicago’ northwest side, is a non-profit organization that helps parents who are unable to provide for their toddlers.

The baby died on December 20, 2017, shortly after she had been released into her careless mother’s custody against the wish of her father. Justin Freeman believes that baby Cherish Freeman died as a result of Shanquilla Garvey’s actions inside her Joliet motel’s room.

The Lawsuit

The lawsuit further claims that Freeman believes that his child could not have died if her custody had been handed to him instead of the mother since he knew the nature of environment the mother was living in and the kind of people that hang around her although his plea was ignored despite raising these concerns. The lawsuit further states that there had been previous serious allegations leveled against Shanquilla Garvey by the father of her other kids.

Justin Freeman states how he loved his daughter so dearly that he wouldn’t allow anything wrong to happen to her if he was allowed to take her from the organization.

SFC organization declined to talk about the matter and only stated that the organization was shocked and saddened to learn about the death of baby Cherish Freeman and reiterated the fact that parents retain complete guardianship of their kids even when they are at the organization.

Shanquilla Garvey, the baby’s mother was arraigned in court and charged with provoked battery; denied cash bond and is still locked up in custody.

Carbon Monoxide Death Case Results in Family’s High-Dollar Settlement

A boy from Rock Hill, SC, died in 2013 due to carbon monoxide poisoning after staying at a Best Western motel in Boone, NC. Located 100 miles north of Charlotte, NC, the boy and his mother had stopped for the night at the motel, resulting in the boy’s death, and in serious injury occurring to the mother. The boy, Jefferey Williams, died due to leaking carbon monoxide that was coming from the motel’s swimming pool heating system. The mother, Jeannie Williams, suffered serious injuries also due to carbon monoxide poisoning.

Six weeks previously, Shirley and Daryl Jenkins, of Washington State, had died in the exact same room. However, at the time of that incident, officials were unable to locate carbon monoxide poisoning as the cause of their deaths. The Williams family filed wrongful death and injury lawsuits against Best Western and other parties involved and agreed to settle the suit for a sum of $12 million. The Jenkins family also filed lawsuits, which their attorney has said was settled for a considerable amount of money. The manager of the Best Western at the time, Damon Mallatere, also faced manslaughter charges, but those charges have since been dismissed. Instead, his management company plead guilty to three counts of manslaughter. In January 2018, Mallatere filed a lawsuit against the city of Boone for malicious prosecution. Mallatere claims he has not been able to find a job since the manslaughter charges were filed against him.

Since the incident, the Williams family has founded the Jeffery Lee Williams Foundation, which works to raise carbon monoxide safety awareness. The North Carolina General Assembly created a law that is designed to help prevent carbon monoxide tragedies, making it a requirement for hotels, motels, and other lodgings to install carbon monoxide alarms near possible sources of carbon monoxide, including fireplaces, furnaces that burn fossil fuels, and other appliances.

Best Western has since ordered that carbon monoxide alarms be placed in all rooms. They also replaced the pool heater, which burned natural gas, with an electric one. Due to the state medical examiner’s skipping important deaths during suspicious deaths cases, North Carolina has since doubled their pay and instated mandatory training to rectify the issue.

Conflicting Cause-of-Death Theories in San Francisco Vehicular Manslaughter Trial

A driver flicks a cigarette butt out of the window of their car, which ignites a pile of dry leaves on the front lawn of a single-family residence. Embers from the fire are blown onto the front porch of the house, which then catches fire. The fire department arrives but inadvertently sprays accelerant on the fire instead of water. The house burns to the ground.

Who, ultimately, is at fault? There would have been no fire at all were it not for the cigarette butt and the carelessness of the driver. But if the fire department arrived in time and then made the problem worse, not better, what is their ultimate responsibility?

James Harris, a San Francisco city worker, was driving a car registered to the Department of Public Health when he struck and killed wheelchair-bound, 38-year-old Thu Phan on February 5, 2016. He did so while attempting to make a left turn from a restricted lane reserved for buses, taxis, and bicyclists. Phan was in the crosswalk at the time of the accident.

Thrown from her wheelchair, Phan broke both legs and multiple ribs. The accident also caused her brain to start bleeding.

Prosecutor Kara Lacy told jurors that due to his negligent driving, Harris was to blame. “That negligence is what caused Ms. Phan’s brain to bleed and what caused her to pass away.”

Public Defender Dana Drusinsky suggested otherwise. Phan weighed 52 pounds and was less than three feet tall due to osteogenesis imperfecta, a genetic disorder. Drusinsky says that the treating hospital, San Francisco General, took a serious but non-fatal injury and made it much worse. “Everyone thought she would be okay,” said Drusinsky. “There was no indication that she would pass away.”

Drusinsky contended that while receiving treatment at San Francisco General, Phan was given intravenous fluids in amounts far too great for someone of her size. And regardless of the genesis of her injuries, she would not have died if her medical care had been competent.

“The accident didn’t kill her, but the gross medical negligence in the hospital did,” Drusinsky said.

In February 2017, Pham’s parents settled a wrongful death suit with the city for $2.9M.

Family of an 85-Year-Old Woman Sues Care Centre For Violating Construction Safety Codes

Joyce Davis enjoyed traveling to California to spend time with her daughter. On this fateful day, she walked past an empty nurse station; the door was unlocked. Unaware of the danger ahead, Davis fell into a pit. The incident marked the beginning of her last tormenting days on earth. Construction negligence at St. Joseph Care Centre had destroyed the life of the 85-year-old.

The Damage

The pitfall left Davis with severe brain injury as well as a subdural hematoma. The brain injury was so traumatic that she could not recognize her daughter three weeks before her demise. During her last breathing days on earth, she suffered from horrible dreams and nightmares. In court, attorneys Charlie Rohr together with Charles Conrad narrated the ordeal, vividly describing how she spent her last days screaming as if demons had visited her in her sleep.

The Case

In the quest for justice, the family moved to the court through the attorneys filing a civil lawsuit against the Health Care Centre for negligence that resulted in the tragic death of Davis. The daughter of the deceased, Kathy Davis said that the center’s negligence took away her mother and best friend.

“It will not bring my mother back, but their negligence killed her;” she said.

DHIS Supporting Evidence

The lawsuit further cites that Washington Department of health and social services had conducted an inspection of the facility and noted that they violated safety codes by leaving the doors unlocked. The department made a 58-page report that the doors, three doors, remained unlocked risking the lives of many people. Despite receiving a summary, the facility did not take measures to correct the situation until it claimed the first victim.

Victims Medical Background

Kathy told the court that her mother was taken to Providence Sacred Heart Medical Center after falling while walking, but was transferred to St. Joseph for upper body strength exercise that would help her regain her normal walking conditions.

It was during her stay at St. Joseph that Joyce Davis wandered around and managed to leave her room without being detected. She explained that her mother suffered from insomnia. It also raised several concerns about safety in the facility. How can a patient wander around undetected? Do the beds have safety rails? Are there alarms in the center to assist staff and manage patients with such conditions?

Davis was reported missing on 22 February at 10 PM and was found at 1 AM the following day. She survived thanks to the holes that air inside the pit but had to withstand temperatures of 32 degrees. She died on March 15, 2017.

The family is looking for medical relief, funeral expenses and other costs determined by the court.

Family of Minnesota teen who died after a dental procedure settles $2million lawsuit with their dentist

The family of The Eden Prairie, a Minnesota teenager who died while undergoing a routine dental procedure, has reached a $2million settlement with the dentist who performed the procedure.

Sydney Gallager, 17 died in June 2015 after complications from the surgery. According to the Hennepin County Medical Examiner, Sydney died from brain damage due to a lack of oxygen. This was caused by a cardiac arrest that occurred after her blood pressure destabilized the procedure. She died later at the University of Minnesota Masonic Children’s Hospital.

The vibrant young woman was a high school junior in Eden Prairie who was active in swimming, skiing, and diving. She also served as a captain of the senior dive team and as a class president.

In January, the Galleger family filed a wrongful death lawsuit in against her dental surgeon Dr. Paul Tompach in Hennepin County District Court. The suit alleged that the 54-year-old oral surgeon’s negligence during the procedure caused the death of the 17-year-old teen.

Further investigations revealed that Tompach departed from accepted standards of medical practice by wrongfully administering general anesthesia and allowing an unqualified medical assistant to monitor Sydney during the surgery, ill preparation for a medical emergency as well as failure to respond quickly and appropriately when a medical emergency transpired.

In January 2016 The Minnesota Board of Dentistry temporarily suspended Tompach’s license to practice, but he was allowed to resume practice in March 2016 under several restrictions put in place by the board. The ban was later lifted in June 2017.
The Gallager’s lawsuit was seeking for more than $500,000 in damages, according to The Star Tribune, with an estimated cost of $200,000 in funeral and medical expenses on her family.

The case had been scheduled for trial in May 2018, but the Galleger family accepted the $2.06 million settlement offered by the defendants after lengthy negotiations with the court’s assistance. The settlement was approved in November according to court papers.

According to of the settlement, the Gallager family will receive $1,279,600, the family health insurer $40,400 for Sydney Galleger’s medical expenses and the law firm representing them $740,000 for fees and expenses.

Parents File $10 Million Lawsuit after the Death of Their Daughter

Almost six months after Jordin Taylor was found dead underneath a party bus, her parents have filed a multimillion dollar suit with the Hays County District Clerk. Jordin, a Texas State Student, met her death when she was dragged by a party bus after a fraternity party she had attended in Martindale. Her parents have filed the suit against the bus company, the multiple fraternities that had hosted events and a number of other entities involved in the event.

Freddie Joey Taylor filed the lawsuit on March 21, seeking $ 10 million in damages and compensation. The court documents allege that Skyline Party Bus Company, the management officer, Brandon Burleson, B&B Shuttles, the driver of the bus, Gabriela Wilson, SMTX Properties, VCD San Marcos River and four different national fraternities at Texas State University were negligent in their actions. The plaintiff claims that the death of his daughter was as a result of the said negligence.
Jordin Taylor was found on the morning of October 28, lying lifeless between the ground and the axle of a party bus. These events unfolded ate Cool River Ranch, a venue that had been used by Pi Kappa Alpha, Alpha Tau Omega, Kappa Alpha Order Epsilon Lota and Delta Tau Delta Zeta Delta to host events. These are some of the national fraternities at Texas State University. In the lawsuit, the plaintiff argues that Jordin was trapped underneath the bus after the vehicle had struck her during the party. It is a mechanic who found Jordin’s lifeless body the following day.

In the lawsuit, Mr. Taylor argues that the negligence of all the parties led to the failure to create a safe environment for the party. The lawsuit goes further to claim that the parties failed to ensure that there was enough security for a party whose attendance went beyond 2,000 people. According to the document, the venue had poor lighting, the organizers allowed underage drinking and that the reckless driving of the party bus driver amounted to negligence. All these actions put the safety of those entering and exiting the property at risk. In the lawsuit, the plaintiff demands that the case proceeds to a trial by a jury so that they can get fair compensation for the damages suffered.