Archive for Wrongful Death

Umpire’s False Arrest Lawsuit Dismissed

A lawsuit against the Los Angeles Police Department by an umpire alleging false arrest has been dismissed. A U.S. District Court judge dismissed the lawsuit which alleged that the plaintiff had been falsely arrested and wrongfully accused of beating her husband to death with a coffee cup. The plaintiff was arrested as she was on her way to officiate a tennis game at the U.S. Open in New York and the lawsuit alleged that the arrest caused her “public humiliation.” The lawsuit was filed after criminal charges against the plaintiff were dropped, following an investigation that revealed a crime was not committed in the man’s death. According to the plaintiff’s attorney on Friday, they will be appealing the lawsuit’s dismissal.

Tragedies Inspire Citizen Crusades to Let America Know

Wendy Crossland’s 14-year-old daughter Anais died of cardiac arrest after drinking a popular energy drink. Aaron Holm lost both of his legs while trying to help a friend fix a flat tire on a busy highway. Michelle Garcia and Angie Firmalino suffer debilitating side effects from an FDA-approved birth control device. Joel Feldman and Dianne Anderson’s 21-year-old daughter Casey was struck and killed in a crosswalk by a distracted driver.

Four stories, four terrible tragedies. But each demonstrates how injured people and their families turned grief and hardship into action. These 4 were all winners of the 2013 Justice Served Award for their insightful actions following catastrophic events.

Hodges settles wrongful death case in Morgan County for policy limits

Our firm represented a widow that lost her husband as a result of a negligent driver.  The driver ran a stop light causing a multi-car pileup and significant injuries to our client.  Unfortunately, our client was unable to overcome the significant injuries he suffered and passed away as a result of this bad decision made by the negligent driver.  Jeremiah was able to force all insurance companies involved to tender their policy limits or, stated differently, to pay all of the available insurance proceeds.

It is worth noting that driving is one of the most dangerous things that we all do each day and must be treated that way.  This particular wreck changed two families lives forever.  Our client missed her late husband every day and always will.  The negligent driver must carry the burden of killing another human being.  Please be careful when driving and remember to refrain from texting while driving.

Surviving Family Alleges Wrongful Death Against California SWAT

The surviving family of a man killed by a California SWAT team is seeking $20 million against the city of Anaheim.  The family claims that the SWAT team, without provocation and before giving any warnings or commands, opened fire on a father holding the barrel of a BB gun while he was talking with his friends.  The family claims that the police officers’ story that he pointed the gun at them and threatened them is blatantly false.  They point out that he was holding the BB gun, a present for his son, by the barrel, pointing upward, and was absolutely no threat at all.  This isn’t the first time Anaheim police have faced scrutiny for an accidental killing, there was a $50 million suit this summer involving an unarmed man and just this past week a man on a bike was shot and critically wounded because the police thought he was armed with a pistol.  Since 2005, Anaheim has paid $2.2 million to settle cases involving officer shootings.

Alabama Supreme Court upholds $4,000,000 Medical Malpractice verdict

In Boudreaux v. Pettaway, the Alabama Supreme Court upheld a $4,000,000 medical malpractice verdict.  The jury actually awarded $20,000,000.00, but the Mobile Circuit Court trial judge determined the award to be too high and remitted it to $4,000,000.00.  Remittur is a mechanism by which a trial judge can reduce a jury’s award.  There is no procedure or mechanism for a judge to increase the amount of a jury’s award.

This case was brought by the mother of the deceased 32 year old who died from aspiration pneumonitis as the result of negligent administering of anesthesia.  The defendants appealed the reduced verdict to the Alabama Supreme Court.  The Supreme Court affirmed the verdict.

 Read the full opinion here: http://statecasefiles.justia.com/documents/alabama/supreme-court/1100281.pdf?ts=1348848046