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.
Amanda Medlock Killed, Vincent Jeffus Hurt by Suspected Drunk Driver in Galveston, Texas
According to Click 2 Houston, a woman was killed and another man injured when they were struck by an alleged drunk driver in Galveston, Texas. The accident occurred after 1 a.m. Saturday, October 3 when Galveston Police believe the car, driven by 29-year-old Felix Dominic Garza, skidded out of control and drove onto the beach, killing 34-year-old Amanda Medlock and severely injuring 36-year-old Vincent Jeffus. Galveston authorities state Garza was arrested after showing signs of intoxication and refusing a field sobriety test. Information on the status of Jeffus has not been made available.
Commentary Drunk driving is an affliction that is tearing apart our state. The intoxication has not been confirmed yet, but if the driver was indeed found to be under the influence prior to the accident, there could ramifications for a couple of different parties. When a suspicion of intoxication is present, a third party investigation is needed to determine liability of the accident, while the police report traces the alcohol link. Most people understand that if a drunk driver causes an accident, their decision to drink and drive can typically equate to a negligent act. However, in many suspected drunk driving accidents, there are other parties at fault as well. More towards that in a minute. While only allegations currently, if the investigation and the blood sample reveal a driver that was intoxicated prior to the accident, they may face fault in wrongful death and personal injury claims. The law typically views the act of drunk driving as negligent, and grounds for the incurring of liability. A negligence determination is key in the aforementioned claims, as this forms one of the pillars of a successful wrongful death action. With negligence in place, the remaining factors of a claim depend on whether the victim has survivors who are eligible to make a claim on their behalf, and if they can prove a tangible economic loss as a result of the accident. On to the other party mentioned earlier, Texas has in place what are called dram shop laws, dram shop being the legal term for a place where alcoholic beverages are sold. If an intoxicated driver is found to be served at a bar or restaurant past the point of intoxication, and is then involved in an accident, that entity could face partial liability in a dram shop claim. People ask me all the time whether this removes fault from the driver, and the answer is a resounding no. Rather, the laws seek to enforce the rules dictated by the TABC, the body that licensed these liquor-serving establishments, and in particular, trained them on when to cut a patron off. The problem, as many of you can guess, is when bartenders or servers break these rules in an effort to turn a profit. The result can be a very intoxicated, and very dangerous patron behind the wheel. With the state of Texas holding very high numbers in alcohol-related fatalities, any effort towards one of the causes of these accidents is encourageable. Something must be done, and the hope is these laws may prevent a future accident from occurring.
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