Colorado Personal Injury Blog - Wrongful Death

EMS Wrongful Death Lawsuit Settled

Chrissie Cole — Mon, 04 May 2009 11:11:00 GMT

Maryland emergency works have agreed to settle a wrongful death lawsuit, according to court records.

A lawyer for Smithsburg Emergency Medical Services said the case, which was scheduled for trial on May 26, has been settled, although he declined to further discuss the settlement terms.

The lawsuit was filed on behalf of volunteer firefighter Christina Hess. She and her unborn child died in 2003 from pregnancy complications while the former chief of the ambulance company mocked the call for help and belittled the fire company in a tape-recorded conversation with a dispatcher.

The suit contended what ill will toward the fire company caused EMS workers to respond too slowly to the emergency.

To explore how the law determines wrongful death and to learn more about the legal process and a family’s rights, please visit our wrongful death help center.

Originally posted at InjuryBoard by Chrissie Cole

Military Academy Settles Wrongful Death Lawsuit

Shannon Weidemann — Tue, 08 Jul 2008 20:29:36 GMT

A wrongful death lawsuit brought against Missouri Military Academy has been settled out of court. The Academy will pay the parents of Alain Garcia $700,000 to settle the lawsuit. He was killed in a firing range accident in 2004.

According to the lawsuit, filed in May 2007, Garcia, a sophomore, was shot during Junior ROTC training when a freshman cadet adjusted his firing mat at an instructor’s request. When the student turned to fix his mat, the butt of his .22 caliber M-12 rifle hit the ground, discharging a bullet that struck Garcia in the heart.

The rifle had a sensitive hair or “ghost” trigger with less than one pound of trigger pull, the complaint alleged.

The Academy is a private middle and high school with 280 students. The Academy and the victim's parents has no comment about the lawsuit and settlement.

Visit InjuryBoard's Help Center for more on information about filing a wrongful death lawsuit.

Originally posted at InjuryBoard by Shannon Weidemann

Colorado Springs Hospital Settles Wrongful Death Lawsuit

Linda Snyder — Fri, 14 Mar 2008 15:32:26 GMT

Memorial Hospital settled a wrongful death lawsuit Wednesday with Donald Rifkin, whose wife shot and killed the couple's boys and then herself shortly after being released from the Colorado Springs-owned hospital in 2005.

Rifkin will receive $325,000, according to city documents obtained by The Gazette.

On April 22, 2005, Julie Rifkin, 41, made threats to a co-worker about killing herself and her two young sons. She was taken to Memorial Hospital where she worked as a volunteer chaplain and knew many of the people who worked there.

She convinced Memorial's Dr. Clinton Fouss and Yvonne Sletta, a licensed clinical social worker that her threats were not serious, claiming she made the comment out of haste, and she would not actually want to kill herself. Memorial's report showed Julie Rifkin had been battling depression and told Fouss she was taking anti-depressant medications. She had also confided to a co-worker that she was depressed that she lost her job at The Navigators and she was lonely. Hospital officials had the option of holding her for 72 hours if they determined she was a threat either to herself or others. She was released within two hours.

The very next day, Rifkin bought a handgun at a pawnshop and shot her two sons, Nathan Rifkin, 13, and Gabriel Rifkin, 12, in the head as they slept in their beds. She then shot and killed herself.

72 hours might have saved those two boys and their mother.

Her husband of 18 years, Donald Rifkin had been laid off from his job in Colorado Springs and was working in South Carolina at the time. He was never notified from hospital officials that his wife had been admitted or why.

If Memorial Hospital had chosen to keep Rifkin for 72 hours, maybe the boys would have been placed with Child Protective Services and maybe their father would have been notified. At least they would have had a chance. Instead they were murdered by their own mother as they slept in their beds.

If Julie Rifkin had been held for just 72 short hours the outcome might have been different. For more information on wrongful death lawsuits, visit our wrongful death section.

Originally posted at InjuryBoard by Linda Snyder

Powers Fasteners Inc. settles $6 million wrongful-death lawsuit

Linda Snyder — Wed, 26 Dec 2007 11:34:26 GMT

A $6 million settlement was reached earlier this week for a wrongful-death lawsuit involving the family of a woman who was killed when a Big Dig highway tunnel in Boston collapsed on her car in 2006.

The lawsuit involved the epoxy supplier, Powers Fasteners Inc. The woman, Milena Del Valle, was crushed when 26 tons of concreted ceiling panels collapsed while driving through the tunnel.

It was later found by investigators that the ceiling collapsed due to workers only securing it with a fast-drying depoxy which was not safe for overhead loads.

15 other contractors and agencies are being sued by the Del Valle family, however Powers Fasteners Inc. is the only one to face criminal charges.

The Big Dig highway project is the most expensive of its kind in United States history, totaling $14.8 billion.

Originally posted at InjuryBoard by Linda Snyder

Parents Win Wrongful Death Case Against Fraternity Member

Shannon Weidemann — Mon, 10 Dec 2007 21:09:30 GMT

A student hazing a fraternity at Plattsburge State University in 2003 died during the initiation rites. His parents sued 14 members of the Psi Episilon Chi fraternity after their son's death from water intoxication. The judge in the wrongful death lawsuit awarded the parents $1.5 Million.

After his death, which sparked outrage across the state, 10 of his alleged tormenters and an alumnus were collectively charged with more than 150 crimes and later pleaded guilty to a range of lesser charges that left them either serving probation or community service.
The 10 students were later expelled from Plattsburgh State.

13 of the fraternity members settled with the parents before going to trial. The fraternity no longer exists at PSU and the fraternity house was sold.

If you would like to learn more about wrongful death, please visit InjuryBoard's Wrongful Death information page.

Originally posted at InjuryBoard by Shannon Weidemann

Utah Police Officers Sued for Wrongful Death

Shannon Weidemann — Wed, 10 Oct 2007 15:15:07 GMT

A man was shot by two police officers in 1998 and his family is now suing for wrongful death. The court case started this week. The victim had been visiting his parent's home and the police were called because he was acting suicidal. When the police arrived he was holding a knife that the officers believed to be a gun.

In opening statements, defense attorney Andrew Morse said Peterson fired because Walker was facing him in a "shooter's stance" with arms out-stretched holding an object Peterson thought was a .38 Special revolver, Morse said.
"He sees a gun," Morse said. "He thinks he's dead. He thought Walker had the drop on him."

The events of the evening were witnessed by the victim's mother, sister and brother-in-law. Their accounts are different from the police officers. The jury will have to decide on many key points in the case, including whether the man was a threat to others.

If you would like to read more about wrongful death, please visit InjuryBoard's Wrongful Death information page.

Originally posted at InjuryBoard by Shannon Weidemann

Man Shot Inside Capitol in Denver

April Armani — Mon, 16 Jul 2007 17:12:01 GMT

An armed man was shot to death by Governor Ritter's security staff at the Capitol. While news reports are just now coming in, it appears the man stated "I am the emperor and I'm here to take over state government" just prior to being shot by security.

For more information on this subject matter, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by April Armani

Wrongful Death Lawsuit Dismissed in Las Vegas

Shannon Weidemann — Mon, 16 Jul 2007 14:48:32 GMT

A wrongful death lawsuit against a woman that was first convicted and then acquitted of her boyfriend's death has been dismissed. She had also been charged with stealing the man's silver and that conviction was upheld on appeal.

Tuesday, Judge Elizabeth Halverson granted a motion to dismiss the wrongful death suit, because in Nevada, after you start a case, it must be brought to trial within five years.

The murdered man was a casino boss at the time of his death in 1998. His girlfriend was having an affair with another man and they were both tried for his death and the theft.

For more information on this subject matter, please consult our section on Wrongful Death.

Originally posted at InjuryBoard by Shannon Weidemann

Indictment Against Teen Handed Down by Grand Jury

April Armani — Wed, 27 Jun 2007 17:51:05 GMT

On March 13, 2007, a group of teenagers were allegedly drinking -- one of those drunken teenagers got behind the wheel, drove drunk and struck a car killing 17 year old Samara Stricklen. While the Jefferson County police originally believed the drunk driver was 16 year old Alison Bowen, however, the grand jury reached a different conclusion yesterday afternoon.

The grand jury indicted 17 year old Nanette LaFleur instead. The jury determined that it was LaFleur who was driving drunk that night and struck Bowen's vehicle. After the crash, LaFleur convinced Bowan (whose father owned the car) to get behind the wheel and claim she was driving. She did. However, the grand jury saw through the ruse and indicted LaFluer.

The DA also announced a ten-count indictment against the liquor store clerk -- Van Thien Pham -- who is accused of selling the alcohol to the teens.

It will be interesting to see how this case plays out. I'll keep you posted.

Originally posted at InjuryBoard by April Armani

Indifference at Denver County Jail

April Armani — Tue, 26 Jun 2007 17:30:39 GMT

The family of Emily Rae Rice, the twenty-four year old who died needlessly in the hands of Denver County Jail employees, files suit against the City and County of Denver, Denver Health and nearly 50 deputies, jail guards, doctors and nurses.

It is absolutely amazing that in this day and age someone like Emily Rae Rice could die due to the negligent actions of those entities entrusted with the duty to keep inmates alive. On February 18, 2006, the twenty four year old woman died while in custody because she was allegedly not given proper medical attention or treatment. Ms. Rice was booked into the jail after a motor vehicle collision and it was determined that Ms. Rice's BAC was .112.

It is alleged in a lawsuit filed yesterday in Denver District Court that Denver Health and the Jail failed to give Ms. Rice proper medical treatment. The police report from the incident states that Emily was complaining that she was unable to mover her legs In the lawsuit, the family claims that on the afternoon of Feb. 18, 2006, a jailhouse nurse told Rice, whom he suspected of being drunk, to "sleep it off." That same nurse told Rice to "stop being dramatic" when she collapsed during a prolonged check-in, the suit says. By the next morning Ms. Rice was dead. An autopsy found that she had three broken ribs, a 7-in gash to her liver and a lacerated spleen. Emily didn't have to die. If what is alleged in the suit is true, Emily died due to the negligence of others. Let us pray that this lawsuit brings her family peace and resolution to a horrific situation.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by April Armani