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.
Joshua McMath Killed Changing Tire in Winslow, Arkansas
Local reports indicate a man was killed on the side of a road changing a
tire in Winslow, Arkansas. The accident occurred around 9:30 a.m.
Friday, September 16 when 28-year-old Joshua McMath was struck while
fixing a flat tire by 26-year-old David Brown. McMath was airlifted to
Northwest Medical Center where he was pronounced dead, two days later.
Brown has not been cited in the accident but the investigation is
ongoing.
Commentary Changing
a tire near the road is just so dangerous, yet, what does one do when
they experience a flat not near a repair shop? Before I go any further,
an independent investigation is needed to determine liability in this
terrible tragedy. Back to the tire change, many issues in personal
injury law revolve around the presumption of what is reasonable. In my
opinion, it is reasonable for a disabled motorist, provided they pulled
to the side of the road, to assume they are safe from an accident in the
time it takes to change a flat. The news feed does not speak
towards the details of the accident, but a determination of liability
stems from reasonableness. If the investigation points towards a driver
that breached this reasonableness of safety, there may be standing for a
wrongful death suit by survivors of the victim. Breaches can come in
the form of an inattentive driver, a speeding driver, or even an
intoxicated driver. For this type of claim to proceed,
typically a few elements are needed. First, a party must be deemed
liable and negligent in a party's death. The decedent must have
survivors who are eligible to make a claim on the victim's behalf, and
these survivors must be able to show a monetary loss as a result of the
accident. People often ask how family members handle the
proposition of a civil claim soon after the loss of a loved one. I
certainly understand it is difficult to manage a claim, but the expenses
associated with the loss of a loved one are just as difficult, if not
more. Funeral arrangements, medical bills, and loss of financial support
the victim provided are serious financial issues that strain an already
hurting family.
Posted by:
Fayetteville Wrongful Death Attorney Michael Grossman
| Posted on:
9/21/2011
| Comments (1)
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Visitor Comments
Summer Tomasek said:
Blue Cliff College will be holding a fundraiser in honor of our friend and classsmate, Josh McMath. 4029 brought u the news about Josh being hit while changing his tire on interstate 540. We will be holding massage sessions on friday night, saturday and sunday afternoon. All proceeds will go into 2 funds: a memorial fund to be given to his 4 year old daughter and a 'scholarship' type fund to aid students of massage therapy who need such things as gas, food, etc. to make it to school and survive while attending school. You may call 479-521-2550 for more information and/or to schedule an appt. Chair and full body massage sessions will be available.
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