WRONGFUL DEATH
Representative Cases
- The parents of a 14-year-old boy who was electrocuted when he attempted to put out fire started by a downed power line from City owned Power Company brought a wrongful death action against the City. The plaintiffs claimed that the city’s standard practice to re-energize a power line after interruption of power during thunder storm created a dangerous condition of public property resulting in the death of their son.
- The Survivors of five people killed when vehicle struck train at intersection of train tracks and state highway sued for wrongful death based on alleged dangerous condition of public property. The plaintiff’s claimed that timing of traffic lights at intersection caused traffic to back up onto the railroad tracks, trapping the decedents’ vehicle which was then struck by an oncoming train.
- Plaintiff, the mother of decedent brought action against city and a police officer for wrongful death. Her son was fatally shot by a police officer responding to a “check the welfare” call. The child was holding a toy gun which the officer mistook for a real weapon. The plaintiff claimed that the officer’s mistake as to the weapon was not reasonable and that he was negligent in failing to call and wait for back up before entering the dark apartment. The officer brought a cross complaint for fraud and deceit against his Chief of Police and his supervising officer based on the claim that the department’s failure to properly train him resulted in the death of the child as well as his own stress and psychological injury.
- Action brought by heirs of young African-American man who was died while in during physical struggle with local police officers. Decedent’s family claimed he was suffocated by officers while the City claimed his death was due to enlarged heart and the influence of Drugs.
- Minor child brought action for wrongful death of his against local public entity. The decedent was shot 11 times by officers on the ground and in a helicopter. The officers insisted the decedent had a weapon and had shot at the helicopter. No weapon linked to the decedent was ever located at scene.