Indianapolis Personal Injury Lawyer - Wrongful Death

Wrongful Death Lawsuit Filed Against Man Accused In Fatal INDOT Crash

Chrissie Cole — Fri, 22 May 2009 13:24:00 GMT

A wrongful death lawsuit has been filed against the driver of the dump truck that struck and killed a Department of Transportation driver in March.

Mark Shepherdson, 49, was killed in the crash.

According to State police, the INDOT truck was stationary on northbound Interstate 164, towing an arrow board to alert drivers to change lanes while crews worked on the shoulder.

Police say the dump truck, driven by William M. Hurt, 62, of Boonville, ran into the arrow board and the rear of the INDOT truck, then rolled on its side and spilled.

Hurt is also facing criminal charges in the accident.

Visit our Wrongful Death help center to explore how the law determines a wrongful death and learn more about the legal process and a family's rights.

Originally posted at InjuryBoard by Chrissie Cole

Two Wrongful Death Lawsuits From Flight 3407 Crash

Chrissie Cole — Wed, 25 Mar 2009 19:48:00 GMT

Two wrongful death lawsuits were recently filed in federal court by the surviving family members of Ernie West and Darren Tolsma, who were among those killed last month when Continental Airlines Flight 3407 crashed in New York.

Flight 3407 from Newark, New Jersey, was coming in for a landing when it crashed within miles of Buffalo Niagara International Airport in New York sparking a fiery collision, killing all 49 onboard and one man in the home.

"The lawsuits seek damages for wrongful death, and the conscious pain, suffering and pre-crash terror experienced by Darren and Ernie," said Hugh M. Russ III, attorney for the two families. "We'll also be asking for punitive damages against the defendants, in hopes that we can prevent something like this from happening again."

Some of the factors stated in the lawsuit include pilot negligence and negligence in providing them the proper training. The suit also claims the crash caused both victims pain and suffering.

Three airlines and the manufacturer of the plane used for the Continental flight will be defendants.

The NTSB is still investigating the cause of the crash.

Originally posted at InjuryBoard by Chrissie Cole

Couple Files Wrongful Death Lawsuit Against Odesco Industrial Services

Chrissie Cole — Thu, 07 Aug 2008 05:55:00 GMT

A couple from St. Louis filed a wrongful death lawsuit on August 5, against Odesco Industrial Services seeking damages for their son’s death.

According to court documents, filed in Madison County Circuit Court, Michael McMahon was killed in a car accident on February 9, in St. Louis County.

The couple alleges their son was a passenger in a vehicle, struck by a company truck driven by the co-defendant, an employee of Odesco Industrial Services.

"The collision between the Odesco industrial truck and the Rachas vehicle which took the life of Michael McMahon was the direct and proximate result of the negligence of Defendants in that Defendants operated their vehicle at an excessive speed, failed to keep a proper lookout, allowed and permitted their vehicle to strike the Rachas vehicle in the rear and was following the Rachas vehicle too closely," the complaint states.

Under the Missouri Wrongful Death Statue, the McMahons are seeking a judgment in excess of $50,000.

Originally posted at InjuryBoard by Chrissie Cole

Scott Peterson Wrongful Death Trial Delayed

Chrissie Cole — Sun, 29 Jun 2008 10:05:00 GMT

Scott Peterson, convicted of killing his pregnant wife, is heading to court again – this time civil court.

Laci Peterson’s parents have filed a multimillion-dollar wrongful death lawsuit against him for their daughter’s murder.

On Friday, a Superior Court Judge, in Stanislaus County, ruled Peterson would stand trial in the civil case. In 2003, he was found guilty of murdering his pregnant wife and dumping her body in the San Francisco Bay on Christmas Eve 2002.

A videotape made by Peterson, from prison, was showed at Friday’s hearing alleging his innocence.

The civil trial was originally scheduled to begin on July 8, but the judge granted a motion for delay until July 21, when lawyers will meet in court and a judge will set a new trial date.

Originally posted at InjuryBoard by Chrissie Cole

Family Files Wrongful Death Lawsuit Against Fort Wayne Officer

Chrissie Cole — Thu, 24 Apr 2008 07:06:00 GMT

The family and friends of a 24-year-old man who was shot and killed by an off duty Fort Wayne police officer, on December 23, has filed a wrongful death lawsuit.

The incident occurred when the man ignored a stop sign and drew attention from the off duty officer. He stopped briefly and then led police to Oxford Street where he struck a sign. Arnold, a new officer sworn in, only in October, fired several shots at his car, believing officers were in danger.

The wrongful death suit was filed on Wednesday in Allen Superior Court. A family friend asked the judge to appoint him as the personal representative for the purpose of a wrongful-death estate.

The man’s 4-year old daughter lives with her mother in Guatemala, according to court documents. The girl would be the beneficiary of the wrongful death estate. The girl’s mother gave consent for the friend to represent his estate.

The case is currently under review by Indiana State Police. The officer was placed on leave for three weeks following the shooting. The officer has since returned to desk duty.

Originally posted at InjuryBoard by Chrissie Cole

Widow Files Wrongful Death Lawsuit Against Disney Cruise Lines

Chrissie Cole — Mon, 28 Jan 2008 00:57:52 GMT

A widow has filed a wrongful death lawsuit against Disney Cruise Line, blaming the company for her husband's death from injuries he suffered last year while on an 11-day cruise out of Barcelona, Spain. He died August 14th, he was 78.

The suit alleges that her husband died because a poorly designed, raised threshold on a bathroom doorway caused him to trip and fall; because the ship's medical staff initially misdiagnosed his injuries; and because efforts to evacuate him to a shore hospital for emergency medical treatment were slow, poorly planned and poorly executed.

The lawsuit was filed Thursday, in Orlando, on behalf of her husband's estate. The complaint names Disney Cruise Line's corporate entity, Magical Cruise Co. Ltd., and Disney cruise Vacations and defendants.

The suit alleges they are responsible for her husband's wrongful death and seeks over $75,000 in damages.

Originally posted at InjuryBoard by Chrissie Cole

Indiana Court Reinstates Wrongful Death Lawsuit

Chrissie Cole — Wed, 26 Dec 2007 00:40:16 GMT

The Indiana Court of Appeals ruled, on Wednesday, that the estate of an Allen County woman can proceed with a wrongful death lawsuit filed against a Fort Wayne nursing home.

In August, Martha, fractured her hip. After surgery, she was transported to Bethlehem Woods Nursing and Rehabilitation Center. In the days following the surgery, her incision was torn due to the wheelchair, provided by the nursing home, was too small.

At one point, she was left on a bed pan for six hours, resulting in severe ulcers. Then on Sept. 22, after a dialysis treatment, a Bethlehem employee discovered her lying in a pool of her own blood, the ruling said.

She was transferred to the hospital on the same day, but she died Nov. 6.

In October of 2003, her estate filed a wrongful death suit against the nursing home. The nursing home argued that the case should be handled under medical malpractice law, which has a statute of limitations of two years from the date of malpractice. Originally, trial court agreed and dismissed the suit.

Attorneys for the state appealed and argued the case should be handled under wrongful death statute of limitations which is two years from the date of death.

The estate met the wrongful death limitations but filed a month too late for medical malpractice.

Originally posted at InjuryBoard by Chrissie Cole

Sister of Accident Victim Files Wrongful Death Lawsuit

Chrissie Cole — Fri, 30 Nov 2007 01:00:03 GMT

The sister of a Fort Wayne man that lost his life in a car accident, in February, has filed a wrongful death suit against the driver of the car responsible for causing collision that led to her brother's death.

The accident happened when a woman driving a minivan, ran a red light and struck a pickup truck, causing the driver to lose control and crash into a parked 2007 Pontiac which killed her brother while he was putting coins in the meter.

Conner walked everywhere for much of his adult life and was often seen walking all over Allen County, far away from his apartment near the Fort Wayne Newspapers building. He had bought the Pontiac just a few months before he was killed.

The lawsuit was filed in Allen Superior Court this week and seeks unspecified damages against the driver of the minivan and her employer, Correctional Management Co, of Indianapolis, the owner of the vehicle.

The suit claims the woman was driving the minivan in a dangerous and negligent manner and the company was negligent for hiring her and allowing her to drive in a dangerous manner.

Originally posted at InjuryBoard by Chrissie Cole

Nursing Home Facing Wrongful Death Lawsuit

Chrissie Cole — Mon, 13 Aug 2007 17:02:53 GMT

An 82-year-old woman died, in May, at Lemont Nursing Home where she resided since 2004. Now, her daughter has filed a wrongful death lawsuit claiming the facility contributed to her mother's death with abuse and neglect.

The lawsuit was filed on July 18 in Cook County Circuit Court. The suit alleges Lemont Nursing and Rehabilitation Center failed to provide her mother with efficient care that could have prevented the injuries that lead to her death.

The woman died three days after she fell and fractured her leg and hip at the home.

"The daughter is very disappointed and angry at the care her mother received," said Thorp's attorney Steven Levin. "She was clearly an individual at risk for falls, and she believes that the nursing home, despite what they told her, did not take the simple precautions necessary. She's also concerned that something like this doesn't happen again."

The lawsuit also names the nursing home's owner - the Evanston-based Care Centers Inc - who also runs facilities in the metropolitan Chicago area and northwest Indiana.

The suit alleges that while she resided at the home, she suffered other injuries including an infected sore on her leg and cuts on her face after being attacked by another resident.

Originally posted at InjuryBoard by Chrissie Cole

Family Files Wrongful Death Lawsuit Over Gas Explosion

Christina Cole — Tue, 08 May 2007 19:53:10 GMT

Two large companies are being sued in a wrongful-death lawsuit. by the husband and daughter of a Huntington woman that was killed in November in a natural gas explosion.

Filed in Huntington Circuit Court, the lawsuit names Comcast Corp., Comcast Cable of Indiana, a Comcast employee and Indiana Gas Co., doing business as Vectren Energy Delivery of Indiana.

The woman, 75, died on November 20, from smoke inhalation in a horrific explosion caused by a gas leak at her home. Her husband was also home at the time and suffered severe burns over most of his body. He is also suing for damages from personal injury. Also killed in the explosion was an employee of Vectren Energy Delivery.

Borne went to the home to do maintenance and repair work. While grounding the cable line, he drove a copper stake in the ground, which struck and penetrated a plastic natural gas line that is operated by Vectren Energy Delivery. He pulled the stake out and the gas line began leaking into the air, according to court papers.

The lawsuit alleges the emergency response personnel operator at Vectren Energy Delivery took the report but was negligent, claiming the utility provided inadequate and vague warnings for safety measures.

Vectren sent an employee to the home, but before the employee began working on the line, the escaping natural gas had penetrated the Wilsons' home and ignited, causing a huge explosion and fire, according to court documents.

According to the lawsuit, the Wilson family alleges that Borne was negligent in failing to contact utility locator services, that Comcast was negligent in properly training Borne for the safe grounding of cable television line in the vicinity of natural gas service lines and that Vectren was negligent in failing to properly train emergency telephone responders to instruct service workers and residents to evacuate a home when a gas line is cut, as well as in failing to dispatch an employee to shut off the natural gas.

Originally posted at InjuryBoard by Christina Cole