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.
Motorcyclist Samuel Tramell Killed in Collision with Suspected Drunk Driver near Rockport, Texas
According to local reports, a man was killed on his motorcycle after he
was struck from behind by a suspected drunk driver near Rockport, Texas.
The accident occurred around midnight Friday, September 30 when
25-year-old Samuel Tramell was rear-ended by 30-year-old Dustin Reece.
Tramell was pronounced dead on his way to the hospital. Texas Department
of Public Safety Troopers have arrested Reece for intoxication
manslaughter.
Commentary My
condolences go out to the family of the victim involved. Operating a
vehicle near a motorcyclist requires extra precaution, as the inherent
dangers of an accident are much more severe than a passenger vehicle.
The driver's intoxication is only an allegation as this point, but could
prove to have an effect on liability. For that reason, a third party
investigation should examine this contingency, as well as others, in
determining fault of the collision. Beyond the reports of
intoxication, there may be standing for a wrongful death claim against
the driver. In the state of Texas, if a victim's death is the result of
the actions or inaction of a liable party, whose actions are found to be
negligent, there may be standing by survivors of the victim. This is
where the aforementioned investigation is relevant, as the threshold of
negligence must be met to have an actionable cause. From there, a victim
must have eligible survivors who can make a claim, and they must be
able to prove some type of financial loss, as a result of the accident.
Going back to the allegations of intoxication, again these are
unsubstantiated but could add another party to the claim. If the driver
was found to be under the influence, and over-served at a bar or
restaurant prior to the accident, that entity could face partial
liability in the accident. The laws, called dram shop laws, were enacted
to provide some enforcement to liquor-licensing rules written by the
TABC. The laws do not remove fault from an intoxicated driver, but
rather attempt to stop one of the causes of drunk driving accidents.
These claims can aid a family in being fully compensated for
the loss of a loved one and attempt to begin the healing process without
bearing the financial burdens associated with an accident.
Corpus
Christi Wrongful Death Attorney Michael
Grossman
Posted by:
Corpus Christi Wrongful Death Attorney Michael Grossman
| Posted on:
10/3/2011
| Comments (0)
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