Cincinnati Personal Injury Lawyer - Wrongful Death

Ohio Wrongful Death

Brett Goodson — Tue, 28 Apr 2009 15:50:05 GMT

To the loved ones who lose a family member due to negligence usually the last thing on their mind is collecting damages for their loss. It is usually not until weeks after the funeral that those family members realize that they have lost not only a cherished family member and friend, but also they may have lost the income produced by that person. A spouse and children are always victims when a parent is killed. As difficult as it is seeking fair compensation from the wrongdoer, it is appropriate and necessary.

Ohio’s wrongful death law providers that family members and next of kin can recover for the following losses when a person is killed due to the negligent conduct of another:

1) Lost income;

2) Lost services

3) Funeral and burial expenses;

4) Mental anguish; and

5) Loss of companionship.

Each and every case is unique, and the analysis of loss is different in each case. There may be little lost income to the family due to the death of a 5 year old or 85 year old. But, the mental anguish and loss of companionship is immeasurable. Other cases involve tremendous loss of income and future earning power.

It is fair to say that insurance companies usually do not want to pay the full value of the loss so many cases end up in litigation. This is not something to be feared by victims. There is nothing more heart warming than to hear from a parade of witnesses how generous, kind, and good the loved one was in life. Civil trials for wrongful death, although emotional, often become a celebration of life. Juries in Ohio are usually very fair when it comes to payment of damages for victims of wrongful death.

Originally posted at InjuryBoard by Brett Goodson

Tragic Cincinnati Death Attributed to Failed Safety Equipment

Alison De Villiers — Fri, 19 Dec 2008 15:24:26 GMT

A 23-year-old Cincinnati woman fell to her death this week and police are attributing the fall to failed harnesses.

Keri Shryock was performing in a Christmas play when she fell about 20 feet onto a concrete floor of the auditorium. She was performing an aerial acrobatics routine on the opening night of the production, when she suddenly plummeted from a rope into an aisle.

She was taken to the emergency room, where she later died.

Originally posted at InjuryBoard by Alison De Villiers

Drowning Deaths Preventable At Lifeguarded Pools

Brett Goodson — Tue, 22 Apr 2008 15:12:32 GMT

Another swimming season approaches in Cincinnati and other northern cities. Unfortunately, Cincinnati has already experienced a drowning tragedy which was very likely preventable. A four year old boy drowned at a suburban community center with lifeguards on duty. Lifeguards should be trained to spot a distressed swimmer quickly and intervene before they can drown.

The recognized standard of care in the pool and water park industry is called the 10/20 Rule. Lifeguards should be trained and positioned in such a way that they are constantly scanning their zone in the pool. Lifeguards should be trained to spot a distressed swimmer within 10 seconds and reach that individual within 20 seconds. That means no one should be in trouble more than 30 seconds. Generally people cannot drown in 30 seconds and rarely have a permanent injury from being under water for 30 seconds. No matter who falls in the water, no matter how they sink to the bottom, lifeguards should be able to recognize the signs of distress and save them.

Drowning takes several minutes under water with no oxygen. If lifeguards are properly trained, and positioned, they should never allow anyone to remain under water for 2-3 minutes. Failure to reach a distressed swimmer within 30 seconds is a violation of lifeguarding standards.

Hopefully, the tragic death in Cincinnati will alert pool operators and lifeguards to understand we count on them to remain vigilant at all times to save those of us who go under the water and can’t get to the surface.

Originally posted at InjuryBoard by Brett Goodson

Wrongful Death: Fires in Rental Property

Brett Goodson — Tue, 08 Apr 2008 15:25:17 GMT

We read in the paper all too often about children killed in a house or apartment fire. They are especially vulnerable because they are often sleeping in rooms separate from the adults in the family. When a parent is suddenly wakened in the middle of the night by heat, flames, or smoke it is often too late to get to the child’s room. These types of deaths can often be prevented. Unfortunately, a recent fire in Cincinnati killed two firefighters.

Many older homes and apartments are used as rental property. These homes and apartments may be expensive to maintain and, as a result, become run down. Ceiling and drywall holes are a common problem. The more rundown a dwelling, the more susceptible to fire it becomes. Landlords in Ohio are required by law to comply with all building codes that materially affect health and safety. Landlords must maintain electrical, plumbing, heating, and ventilating fixtures in good and safe working order. Nobody should be living in substandard, unsafe rental property. Working smoke detectors provide important protection in case of fire. Landlords who fail to provide smoke detectors should be held accountable. Ohio’s wrongful death law provides a legal remedy to family members who lose a loved one in a tragic fire. It is very important to hire an investigator and/or attorney to inspect the premises before it is changed or exposed to the elements.

A few simple steps can help avert a tragedy. If you have exposed or worn wiring, make your landlord fix it. If you don’t have working smoke detectors, make your landlord provide them. If your landlord has a basement full of junk, like paint and gasoline near the furnace, make them move it out. Finally, be sure you discuss a fire escape plan for your children so they can act quickly even if you aren’t able to get to them.

Originally posted at InjuryBoard by Brett Goodson

Ritter Widow Talks Wrongful Death Lawsuit on Today

Brett Goodson — Mon, 04 Feb 2008 16:47:30 GMT

Actress Amy Yasbeck appeared in an interview with Meredith Vieira this morning on NBC's TODAY show to talk about the wrongful death lawsuit she has filed in response to the death of her husband, actor John Ritter.

Jury selection in the trial of two doctors was set to begin today, and the family is seeking $67 million in damages.

Yasbeck is targeting two doctors in the current suit -- one who interpreted the results of a body scan Ritter received in 2001 and another who treated him the night he died.
But defense attorneys for radiologist Matthew Lotysch and cardiologist Joseph Lee contend Ritter could not be saved from his genetics.
"I really, really believe that for whatever reason, John Ritter's time was up," Stephen C. Fraser, Lotysch's lawyer, told the Los Angeles Times.
Yasbeck, however, feels the former "Three's Company" and "8 Simple Rules" star would still be here with proper diagnoses.
"John didn't have a chance," she told Vieira. "He was never given that chance."

In the interview, Yasbeck said the lawsuit is about holding those responsible for Ritter's death accountable and educating the public about undetected aortic dissection, the condition that killed him.

Originally posted at InjuryBoard by Brett Goodson

Victim's Family Files Wrongful Death Lawsuit Against Killer

Chrissie Cole — Sun, 05 Aug 2007 03:37:09 GMT

A woman killed by her ex-boyfriend in his home, is being sued by her family in wrongful death lawsuit.

The lawsuit was filed by her family in Androscoggin County Superior Court. The ex-boyfriend (her killer) was found guilty following a three week trial earlier this year. He is currently serving a 55-year prison sentence.

The lawsuit claims he acted with malice when he shot her in the back of the head, in August 2005, when she arrived at his home.

Along with wrongful death, the lawsuit lists several other claims that include emotional distress, conscious pain and suffering and burial and medical costs and more.

For more information, please visit our section on Wrongful Death Lawsuits.

Originally posted at InjuryBoard by Chrissie Cole

Judge Rules In Grant Wrongful Death Lawsuit

Christina Cole — Mon, 28 May 2007 02:32:01 GMT

A judge has awarded $50 million to the estate of, Tara Grant, in wrongful death lawsuit that was filed against her husband.

Stephen Grant is charged with killing and dismembering his wife back in February. The wrongful death suit was filed by Tara Grant's sister who was previously granted temporary custody of her sister's children ages four and six.

The lawsuit was never answered by Stephen Grant, who is currently awaiting a June 4th preliminary hearing on charges of murder and mutilation of a corpse. Earlier, another judge ruled that Stephen Grant had no rights to his dead wife's assets.

Originally posted at InjuryBoard by Christina Cole

$50 Million Lawsuit Filed Against Stephen Grant

Christina Cole — Sat, 07 Apr 2007 02:17:43 GMT

Tara Grant's sister has filed a wrongful death lawsuit, for $50-million, against Stephen Grant in Macomb County Circuit Court.

Alicia Standerfer, an Ohio resident, has guardianship over the estate and conservancy for her sister's two children.

The lawsuit states Stephen Grant is responsible for his wife's strangulation and dismemberment, and due to that, "Tara Grant suffered from extreme conscious anguish, pain and suffering of body and mind prior to her death."

Additionally it states her death means "her children, along with other family members, have suffered loss of affection, comfort, companionship, financial support, society, help and service, of which the decedent was accustomed to give and would have given if not for her untimely death. Damages are also being sough for funeral and burial expenses.

Meanwhile, Standerfer also filed a petition Wednesday for Stephen Grant's forfeiture and revocation of her 34-year-old sister's assets. He was listed as beneficiary of his wife's life insurance policy and other work-related benefits. A hearing on that matter is scheduled for May 16 in Macomb County Probate Court, Donald Housey, court administrator, said.

Charged with first-degree murder and disinterment and mutilation of a corpse, Stephen Grant remains in Macomb County Jail. He is scheduled for a preliminary exam next month.

Originally posted at InjuryBoard by Christina Cole

Mother Settles Wrongful Death Lawsuit with Foster Agency

Christina Cole — Wed, 28 Feb 2007 01:29:37 GMT

A woman has settled a multimillion dollar wrongful death lawsuit against the foster care agency that placed her son with a couple that is now convicted of murder for their roles in the 3-year-old's death.

The woman waived her rights to any payments in a $206,000 settlement that will be split between the boy's brother and sister, according to an agreement that was approved by a Butler County Judge on Tuesday.

The three children were removed from their home in April after allegations of neglect. The boy was placed with a couple through Lifeway for Youth, a private foster care.

The developmentally disabled boy was left bound in a closet for over two days while his foster parents went to Kentucky in August for a family reunion. He was dead upon them returning home to Ohio.

David Carroll Jr., 29, was sentenced Tuesday to 15 years to life in prison on his guilty plea to murder, with an additional year in prison for his guilty plea to gross abuse of a corpse.
His wife, Liz Carroll, 30, denied any role in the boy's death, but was convicted last week of murder and six other charges and sentenced to 54 years to life in prison.

The mother had filed a $5 million lawsuit last year against Lifeway for Youth and many other county agencies, which were dismissed from the case. The suit alleged the defendants were negligent in failing to adequately supervise the placement and treatment of the boy.

The settled suit with Lifeway will establish a trust to administer payments, with court approval, to the other two children.

Rogers said that by law, only a parent can receive payment in a wrongful death suit, unless the parent waives that right as Trevino did. "You realize you receive nothing," Rogers said to Trevino.
"I don't understand why. But I really want this for my kids," said Trevino, who is trying to regain custody of the two children in Butler County Juvenile Court. The children remain in foster care.

Originally posted at InjuryBoard by Christina Cole

Wrongful Death Suit Filed Against Police

Christina Cole — Fri, 26 Jan 2007 01:51:23 GMT

The Mother of a local musician who was killed last January by a Louisville Metro Police officer that was driving the wrong way on a one-way street has filed a wrongful death lawsuit against the officer and Police Chief Robert White.

Marsha Butler filed the lawsuit against Officer Jason Brown, claiming Brown was driving in a "careless and negligent" manner when he was driving the wrong way down the road and hit Derek Butler's Mitsubishi.

Brown was on his way to help another officer catch a fleeing drug suspect.

Derek Butler had just left choir practice. He died at the scene

The lawsuit, filed in Jefferson Circuit Court, alleges Brown failed to follow safety policies and procedures or to comply with state rules and regulations. The suit further accuses Brown of reckless driving, speeding, operating an emergency vehicle dangerously without regard for the safety of others and more.

Brown, who had on his lights and siren, was cleared by a grand jury of criminal wrongdoing in June after telling jury members he didn't know he was driving the wrong way on a one-way street before causing the wreck. Brown is on administrative leave.

The lawsuit seeks unspecified damages and a jury trial. It also claims White and unknown other defendants were negligent in the hiring and training of Brown.

Brown's driving record before being hired as a police officer includes several traffic violations and a wreck in 1999 that killed 74-year-old William O'Bannon.
Brown, then 17, was attempting an improper lane change when his pickup hit O'Bannon, who was standing behind his truck after running out of gas in the space between the merging lane on Watterson Expressway next to Crittenden Drive, according to the accident report.
Before becoming an officer, Brown was stopped by police four times between 1998 and 2001. He was charged with reckless driving, running a traffic light, disregarding a stop sign, having expired plates, failing to produce his insurance card and speeding.

Originally posted at InjuryBoard by Christina Cole