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.
Edy Pereira, Maria Castilleja Killed, Others Injured in Wreck east of Conroe, TX
Local news reports indicate 2 people were killed and 3 others injured in
a head-on collision near Conroe, Texas. The accident occurred around
5:30 p.m. Saturday, September 17 when police believe 46-year-old Octavio
Palacios failed to maintain his driving lane on a curve on FM 1485 and
struck another vehicle head-on. The driver of the other vehicle,
43-year-old Edy Pereira and his passenger, 61-year-old Maria Castilleja,
were killed in the accident. Another of Pereira's passengers,
41-year-old Martha Blanco was taken to Herman Woodlands hospital in
critical condition. Palacios' only passenger, his 17-year-old son
Gustavo Palacios, was taken to Hermann Hospital, where he was listed in
stable condition while his father was listed in critical condition.
Commentary This is
an incredible tragedy and I first want to offer my condolences to the
victims and families involved. To begin to understand this collision, a
third party investigation is needed, aside from the police report, for
reconstruction and liability purposes. If the reports are accurate and
the man veered into oncoming traffic, he could face liability in
wrongful death and personal injury claims. A claim of this
nature rests upon a reasonable duty determination. Essentially, for a
wrongful death claim to have standing, a defendant must be in violation
of the reasonable duty one has to stay safe on the roadways. Veering
into oncoming traffic is more than likely a breach of this duty. From
there, survivors of the victims would have claims if they can prove they
incurred tangible economic losses, as a result of the victim's death.
Speaking more towards damages, wrongful death actions have two
types of damages that are claimable. Wrongful death damages can be
sought by different relatives and include areas like medical bills,
funeral costs, and loss of support the victim provided. Survival
damages, on the other hand, may only be sought by the closest living
relative and include things like again medical bills, property damage,
lost wages (current and future), and pain and suffering. Survival
damages are the more difficult of the two types to prove, as these can
sometimes include future damages that may not be as tangible as others.
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