Dayton Personal Injury Lawyer - Wrongful Death

RTA Wrongful Death Suit Settled

Chrissie Cole — Thu, 21 May 2009 10:42:00 GMT

The Greater Regional Transit Authority (RTA) has settled a wrongful death suit with the family of a Cleveland man who died after he was struck by a commuter bus while walking in the crosswalk.

A $1.7 million wrongful death settlement was approved by the RTA board on Tuesday, but waits approval by the Cuyahoga County Probate Court judge.

Miguel Muniz, 66, was crossing West Sixth Street at Superior Avenue last September when an RTA driver struck him. He was transported to the hospital where he later died from the serious injuries sustained he in the crash.

Muniz, who had the right of way, was in the crosswalk when the accident occurred.

Cuyahoga County prosecutors have charged the bus driver in criminal court with aggravated vehicular homicide.

Originally posted at InjuryBoard by Chrissie Cole

Public Housing Authorities Immune from Civil Lawsuits

Chrissie Cole — Wed, 25 Mar 2009 16:47:00 GMT

The mother of two children killed in a deadly fire at a public housing complex is unable to sue the housing authority because it is a governmental function, ruled the Ohio Supreme Court.

The 5-2 decision stemmed from an October 2003 fire in Oberlin that killed an infant and 4-year-old.

A wrongful death suit was filed by their mother against the Lorain Metropolitan Housing Authority in 2004. The suit alleged that just days before the fire, employees at the complex had removed the only working smoke detector in the apartment.

The ruling cites a law that grants government agencies immunity from lawsuits in most any situation.

Originally posted at InjuryBoard by Chrissie Cole

Parents Sue Ohio State For Wrongful Death

Chrissie Cole — Wed, 21 Jan 2009 12:15:00 GMT

The family of a student killed two years ago by a dormitory elevator is suing Ohio State University for wrongful death.

The suit claims the school was negligent with regard to the elevator that crushed Andrew Polakowski, 18, of Erie, Pa.

On October 20, 2006, the freshman was killed when he got pinned trying to leave an overcrowded elevator that was stuck between floors.

The lawsuit, filed on January 9 in the Ohio Court of Claims, seeks more than $50,000. According to their attorney, they want to be “appropriately and fairly” compensated for the loss of their son.

In a statement, Ohio State spokesman Jim Lynch says the university has kept in regular contact with the Polakowskis' attorneys and is reviewing the family's filings.

Originally posted at InjuryBoard by Chrissie Cole

Cleveland Jail Proposes New Drug Policy

Chrissie Cole — Sat, 20 Dec 2008 05:08:00 GMT

The death of R&B singer Sean Levert in Cleveland has led to a proposed new policy that would provide more flexibility in giving inmates their prescription anti-anxiety medications.

Levert died March 30, 2008 while in Cuyahoga County Jail. He was serving a sentence for failure to pay child support.

The jail doctor and jail administrator propose allowing inmates to get drugs as soon as their prescriptions can be verified. The drug in question goes by the trade name Xanax.

In June, Angela Lowe, Levert’s widow, filed a wrongful death lawsuit alleging county jail officials of neglecting his medical needs.

The suit claims that Levert suffered severe anxiety and that he brought his Xanax prescription to jail but was not given his medication.

Originally posted at InjuryBoard by Chrissie Cole

Family Files Wrongful Death Lawsuit Against Group Home

Chrissie Cole — Tue, 12 Aug 2008 15:48:00 GMT

A group home, social services agency and worker are being sued for wrongful death by the family of a mentally disabled woman who fled a Bay City group home and was found dead in a house in Saginaw.

The woman, 57, walked out of the Brookwood Adult Foster Care Home on September 21 and she was not discovered until nearly three months later by police.

According to the lawsuit, filed in Bay County Circuit Court, she died of dehydration after she fell through a rotted floor and became tangled by her knee and ankle in a rafter.

Mullins, whom family members have said had the cognitive capacity of a child, had a history of running from the home. A "behavior treatment plan" drafted for her in 1992 outlined the "history and potential to run away" and prescribed that staff at the foster care home should remain in the same room with her except when she used the bathroom.

The family is seeking compensation in excess of $25,000 for the wrongful death, pain and suffering and loss of championship of their family member.

Originally posted at InjuryBoard by Chrissie Cole

Ohio Woman Files Wrongful Death Suit Against Mylan Pharmaceuticals

Chrissie Cole — Fri, 13 Jun 2008 05:05:00 GMT

An Ohio woman has filed a wrongful death lawsuit against, on behalf of her husband, who allegedly died from an allergic reaction to a product made by the West Virginia Company.

The lawsuit was filed on May 9, in Kanawha Circuit Court against Mylan Pharmaceuticals and Mylan Inc.

According to court documents, her husband was prescribed Phenytoin, a drug that is used to help control seizures. Less than a month after starting the initial dosage, he started to have skin disruptions on his body and his eyelid peeled off.

He was taken to Miami Valley Hospital in Dayton where he was diagnosed with toxic epidermal necrolysis.

On May 27, 2006, he died as a result of his ingestion of the drug. The suit seeks punitive and compensatory damages to cover her husband’s injuries and pain and suffering, as well as damages to his estate.

According to the suit, Mylan has "reaped huge profits while concealing from the public knowledge of the potential hazard associated with the ingestion" of Phenytoin.

Amy Clanton claims her husband would not have taken Phenytoin if he had known of the risks and dangers associated with the drug.

Originally posted at InjuryBoard by Chrissie Cole

Family Gets Over $1 Million in Wrongful Death Case Against Ohio State

Chrissie Cole — Wed, 26 Mar 2008 01:28:08 GMT

The family of a woman who died in a car accident with two Ohio State Highway Patrol troopers in 2006, was awarded a cash settlement of over $1 million in a wrongful death lawsuit against the state.

The woman was killed when troopers struck her truck after their cruiser hydroplaned across the center line of the highway. All three were killed in the fiery collision.

Both sides have signed a confidentiality agreement. The final settlement amount is yet to be filed in court officially.

For more information on this subject, please refer to our section on wrongful death lawsuits.

Originally posted at InjuryBoard by Chrissie Cole

Ohio to suspend death penalty system

Richard Schulte — Mon, 24 Sep 2007 11:10:27 GMT

Ohio should temporarily suspend executions to allow a review of the state's capital punishment system because of several flaws, including racial and geographic imbalances, a team of lawyers concluded in a study to be released Monday.
''The state fails to provide adequate measures to protect defendants,'' ABA President William Neukom said in a statement. ''Nobody should be executed until the problems identified by these experts are addressed, and we urge a temporary halt to executions until fairness and accuracy are assured.''

The state's system is flawed by racial disparities in death penalty sentencing, including a greater likelihood of defendants being sentenced to death if a victim is white.

There are major differences in how counties sentence death row cases, for example, a defendant in Hamilton County, which includes Cincinnati, is far more likely to receive a death sentence than a defendant in Cuyahoga County, which includes Cleveland.

For more information on this subject matter, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Richard Schulte

Family Files Wrongful Death Suit Against COTA

Chrissie Cole — Thu, 14 Jun 2007 00:12:50 GMT

Yesterday, a judge suspended a 60-day jail sentence for a former Columbus bus driver who retired after striking and killing a woman as she crossed the street on October 30th.

A Franklin County Municipal Judge placed the driver on probation for one year, fined him $250 and suspended his driver's license for 90 days.

The 66-year-old man said he didn't see the 63-year-old woman in the crosswalk as he made a left turn on October 30th. He pled no contest to misdemeanor charges of failure to yield and vehicular manslaughter.

The man was employed by the Central Ohio Transit Authority for 29 years.

The victim's family has filed a wrongful death lawsuit against COTA. The suit seeks up to $25 million in damages.

Originally posted at InjuryBoard by Chrissie Cole