Wrongful death lawsuit filed against former Franklin County Sheriff Ewell Hunt - www.roanoke.comThe suit contends that Ewell Hunt and two deputies failed to protect Chad English. Ewell Hunt, the former Franklin County sheriff, and two of his deputies failed to heed an informant's tip that might have prevented the murder of a 19-year-old man, according to a wrongful death lawsuit filed Wednesday.
Mayo Clinic wrongful death trial beginsA 13-year-old girl's death after surgery at Saint Marys Hospital in 2009 is at issue in a wrongful death trial that started Monday, May 14, in Olmsted County District Court.
Man and Woman Killed in One-Vehicle Accident in southwest Houston, Texas
Local reports indicate two people were killed following a one-vehicle
wreck in southwest Houston, Texas. The accident occurred around 2:30
a.m. Sunday, September 18 when the driver of a Chevy Camaro was
traveling at a high rate of speed and lost control of the vehicle. The
car struck a curb and then a light pole, before hitting a brick wall.
The driver was ejected from the car. Both the driver and the passenger
died at the scene. Currently, the victims have not been identified.
Commentary Many may
read this news feed, acknowledge that this is certainly a tragedy, but
wonder where a wrongful death claim could arise. Well, there are
actually a couple different theories of liability here. First though, a
third party investigation is needed to recreate the accident and the
events leading up to the wreck. There is one obvious theory here, as the
police reports cite a driver using excessive speed. In the eyes of the
law, this is a reckless act, as it is an action beyond what a reasonable
person would expect for safety. In other words, speeding is a conscious
decision that directly endangers the driver, passenger(s), and other
vehicles on the roadway. This could fault the driver in a wrongful death
claim by survivors of the passenger. Furthermore, given the
timing of the accident, the investigation should look into the
possibility of an intoxicate driver. Drunk driving is an epidemic in the
state of Texas. If the the driver and passenger were found to be
drinking at a bar or restaurant prior to the accident, there could be a
dram shop claim against that entity. Texas laws allow for a claim
against a bar or restaurant if they were found to over-serve a patron
prior to the accident. This does not remove fault from the driver but
does identify one factor involved in many drunk driving accidents. In
the state of Texas, survivors of both of the victims would have standing
for a claim if the investigation identified this as a factor in the
accident.
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