The family of Kyle Plush has reached a $6 million settlement in a wrongful death lawsuit against the city of Cincinnati, Ohio.
The 16-year-old student died on April 10, 2018, when he was trapped by a folding seat in the back of a minivan parked in a lot across from his school. Plush was headed to local tennis courts but never arrived. Instead, he was pinned by a folding seat in the back of his parked minivan.
Plush managed to use the voice activation on his phone to call 911. However, operators and police were unable to locate his van. The teenager was found six hours later by his father. He was unresponsive in the van and pronounced dead a short time later.
What are the Details?
The settlement was announced on the third anniversary of Plush’s death. The city of Cincinnati and the Plush family “have agreed to resolve a lawsuit filed by the family seeking damages and meaningful improvement of the City Emergency Communication Center.”
“Kyle was a very positive person, and he would have wanted to make change”, said Jill Plush, Kyle’s mother.
“I think there’s going to be a lot of good things happening, and we’re going to be with them along the way for the next five years,” said Ron Plush, Kyle’s father.
The settlement read that the city “has taken substantial remedial action to address the problems that contributed to first responders failing to locate and rescue Kyle Plush, but acknowledges the need for continuous improvement with public transparency and accountability.”
The settlement establishes a team of 911 experts from around the country who will work with the director of the ECC to further enhance the city’s 911 system.
In the lawsuit, the Plush family argues that the city acted recklessly and didn’t make the boy’s 911 calls a high priority.
“Most important is that she (the operator) didn’t even contact the officers on the scene who were there when Kyle was still alive,” Plush family attorney Al Gerhardstein said last year. City officials argued that Plush was a victim of a horrible circumstance and not recklessness.
The Plush family sued the city of Cincinnati, former city manager Harry Black, two 911 call takers and both Cincinnati police officers who responded and failed to find the teen’s van.
On Friday, Cincinnati City Manager Paula Boggs Muething said the employees of the ECC and the police department are working to ensure the city “never again experiences a tragedy like the one suffered by the Plush family. The City is dedicated to providing the most professional emergency response to all Cincinnatians.”
The Plush family’s attorney, Al Gerhardstein, had this to say following the settlement: “The family enters this agreement in honor of their son Kyle. To honor his memory, it was important that we secure a civic commitment to continuous improvement. With this agreement the City Manager commits to continue reforms in an enforceable, transparent way that will make the City safer for everyone. The family sees improvement under the current leadership and this court-supervised agreement will build on that.”
The Schrier Law Group handles many wrongful death cases just like this one, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a wrongful death / personal injury attorney in Florida today!
The parents of 10-year-old Hailey Lynn McMullen, who was killed after she was thrown from an amusement ride in Cumberland County, New Jersey, have sued the manufacturers and operators of the ride alleging they knew for many years that the ride could be deadly.
McMullen died October 12th, 2019, just an hour after she was thrown from the “Xtreme Super Sizzler” at the Harvest Festival in Deerfield Township in Cumberland County, authorities said.
Christopher and Amanda McMullen (Hailey’s parents) say in the lawsuit that the ride’s original product literature stated the ride was not recommended for small children, according to the suit filed in Superior Court of Middlesex County. The suit names Colorado-based manufacturer Wisdom Rides of America and Skelly’s Amusements of Gloucester County, which has operated the same ride at the Middlesex County Fair since 1998, as well as business associates of both companies.
In 2006, after a series of ejections on the “Xtreme Super Sizzler,” California officials issued a seatbelt mandate for all Sizzler rides, according to the suit.
Dennis Marconi of Trenton, an attorney for Skelly’s, said Wednesday that seatbelts are not required on the ride in question and added that the ride had passed state inspections. Marconi said there are different types of “Sizzler” rides and that litigation will show California mandated seatbelts on a different type of ride.
Wisdom Rides did not immediately return calls on Wednesday seeking comment.
The McMullens are asking the New Jersey State Police and the state’s Department of Community Affairs to release “voluminous documents” of their investigations into the tragedy.
The lawsuit was preceded by a product liability lawsuit filed in January by the mother, Amanda, and Carol McMullen, who is Hailey Lynn McMullen’s grandmother. Amanda McMullen states in the earlier lawsuit that her children and their grandmother witnessed the tragedy and have suffered extreme emotional distress as a result.
The product liability lawsuit alleges negligence and liability on the part of the manufacturer and operator and seeks compensatory and punitive monetary damages.
Product Liability cases can be tricky. Most often in these cases, one gets injured. Typically it is not tied into wrongful death as well. When emotions run high, it can be difficult to make a strategic decision when choosing the perfect personal injury lawyer. In order to be prepared, develop a list of trustworthy attorneys that you can call when an emergency occurs.
The Schrier Law Group handles many product liability / wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group handles many cases, but one of the most difficult is the wrongful death suit. Wrongful death claims are brought against a defendant who has caused one’s death, either through negligence or as a result of intentional action. Wrongful death claims allow the estate and/or those close to a deceased to file a lawsuit against the party who is legally liable for the death.
When Does a Wrongful Death Claim Apply
A wrongful death claim can arise after situations in which a victim who would otherwise have a valid personal injury claim is killed as a result of the defendant’s wrongful action.
This can occur in a variety of situations, including:
- When a victim is intentionally killed
- When a victim dies as a result of medical malpractice
- Car accident fatalities involving negligence
These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation.
What Must Be Proven
In order to hold a defendant liable in a wrongful death claim, the plaintiffs in the claim must meet the same burden of proof that the victim would have had to meet had the victim lived. So this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.
Who Can File a Wrongful Death Claim
A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who those survivors are can vary from state to state.
In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of a parent.
Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for the wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to get a legal remedy via a wrongful death case.
Wrongful Death Damages
Damages in a wrongful death claim—categories of losses for which a survivor might be able to receive compensation—include:
- the deceased person’s pre-death “pain and suffering”
- the medical treatment costs that the deceased victim incurred as a result of the injury prior to death
- funeral and burial costs
- loss of the deceased person’s expected income
- loss of any inheritance as a result of the death
- value of the services that the deceased would have provided
- loss of care, guidance, and nurturing that the deceased would have provided
- loss of love and companionship, and
- loss of consortium
The Schrier Law Group handles many wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group is not surprised to let you know that the state of Florida alone has over 400,000 car accidents per year. These accidents bring about over 250,000 injuries and over 3,000 fatalities. All of these accidents can usually be blamed on the negligence of one of the drivers involved.
When these accidents occur, you need a personal injury attorney that will aggressively back you in a court of law. The Schrier Law Group in Florida is the team that brings their years of personal injury expertise to the table. If you need an attorney to aggressively represent you after being injured due to the carelessness of another person’s actions, then call Schrier Law Group today.
What Types of Cases Does a Personal Injury Attorney Take
Personal injury is a very broad term that encompasses all injuries that have been caused due to the negligence of another. Examples of these situations are:
- Auto Accidents
- Slip and Fall Accidents
- Medical Malpractice Lawsuits
- Wrongful Death Claims
- Construction Accidents
- Pool Injuries & Drownings
- Product Liability Claims
- Boating Accidents
- Truck Accidents
- Work Accidents
All of these are examples of accidents that can happen when another person is being careless. Many of these accidents can leave you with a long period of pain and recovery. This means a lot of lost wages and time. You deserve to be compensated for the loss of wages, medical bills, psychological impacts of the accident, lost time, and the price of having to suffer through it all.
The Schrier Law Group handles many personal injury cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any personal injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group knows that no amount of money can erase, or even substantially ease, the pain of losing a loved one. Especially when it’s an accident that could have been prevented. Still, unpaid bills, along with an uncertain financial future, can increase the affected family’s difficulties tenfold.
A wrongful death lawsuit can provide a family with much-needed funds at difficult times. Especially when it has so many other issues to be concerned about. These lawsuits may also help uncover the truth when it is unclear how a loved one died and may even prevent the guilty party from harming some other family in the future.
Understanding and compassionate wrongful death attorneys like Schrier Law Group in South Florida will guide your family through the entire process of filing a wrongful death claim in court to recover appropriate damages for a loved one’s catastrophic injuries and death. Although fighting in court may not be your primary concern at the time, it is imperative for your family to file a claim within Florida’s statute of limitations. This is only a portion of what we can do for families.
What is a Wrongful Death Claim?
Wrongful death occurs when a responsible person or business violates its duty of care to an individual, resulting in that person’s death. For example, drunk drivers violate their duty of care to their victims when they drive while impaired and cause an accident that kills someone — an action for which they should be held accountable.
Many types of accidents can be the cause of a wrongful death lawsuit, including:
- Vehicle accidents, including impaired or distracted driving or manufacturing defects
- Public transit accidents
- Truck accidents
- Boating accidents
- Product liability
- Premise liability
- Medical malpractice
- Dangerous drugs
- Construction accidents
- Dog attacks
How is a Wrongful Death Lawsuit Filed in Florida?
A wrongful death claim is filed by the personal representative, (Schrier Law Group) administering the estate of a deceased loved one. The claim is generally based on an underlying personal injury claim (like listed above). Therefore, the family must prove all elements of an accident and the relationship between the accident and the fatality. The lawyer must present evidence related to the auto accident and demonstrate that the injuries resulted in the loved one’s death.
After recovering damages from the defendant, the estate distributes the compensation to the deceased’s beneficiaries. A wrongful death lawyer in Florida will assist the personal representative through the process of litigating the case and collecting on the judgment.
The aftermath of an accident is just as important as the accident itself. If you have been involved in an accident with a car, truck, or boat, and a loved one has died due to the accident, contact our wrongful death attorney in Florida as soon as possible for help with your claims.
The Schrier Law Group handles many wrongful death cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
A new lawsuit has been filed against the city of Austin (in Texas) four years after a teen shot himself (in a suicide attempt) in the back of an Austin Police patrol car and later passed away. Amounts of the suit have not been disclosed.
The lawsuit, filed on January 8th, 2021, alleges wrongful death against the City of Austin, Texas, after Zachary Anam was arrested due to accusations of shoplifting at a south Austin shopping mall.
Austin Police took Anam into custody on January 9th, 2017. However, neither mall officers nor APD officers confiscated the gun the alleged suspect had in his waistband.
On the drive to the Travis County Jail, audio recordings reveal the officer talked to Anam about spending ‘”the rest of his life behind bars,”‘ and a few blocks from the jail, Anam told him he was suicidal, to which the officer responded, ‘”they’ll take care of you at the jail.’”
Anam then told the officer, “‘I don’t know if I’m going to make it,’” before telling him, “‘I have a loaded firearm to my head, Officer!’”
Once at the jail, the officer left Anam alone in the car before he fired a shot at his head. He died from his injuries later that day at the hospital.
What Does the Suit Entail
It also says in years preceding Anam’s death, jail officers found weapons on “detainees arrested and (allegedly) searched by APD officers on average more than once a month,” and goes on to give data about weapons missed from 2013 to 2017.
In August 2020, Austin’s 3rd Court of Appeals ruled that legal action can be taken against the City of Austin, after it denied the city’s request to be immune. That decision allowed for the lawsuit to proceed for a trial in March.
A similar lawsuit was filed two years ago by Anam’s parents, but was dropped in October 2020.
We will be following this one closely, here at Schrier Law Group.
The Schrier Law Group handles many wrongful death cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group is a well known and highly regarded Statewide Personal Injury, a Wrongful death & an Insurance Litigation law firm.
For over 40 years, we have aggressively and compassionately represented those who have been the unfortunate injured victims of negligence and wrongful death accidents or incidents. Unfortunately, too many avoidable accidents occur, especially in Florida.
When the careless actions of another result in someone getting hurt or even killed, the “negligent” party’s insurance company often hire good lawyers so that they can avoid paying the injured accident victim or the wrongfully killed victim’s family the appropriate amount of compensation.
Clients often tell us that Schrier Law Group secured more money for them than they ever could have imagined. We take great pride in coming up with creative legal strategies to win our client’s cases, but we also enjoy answering our client’s questions and developing relationships that last a lifetime because they are based on the trust that we have earned along the way.
While we have been and continue to be hired to secure the most money for our clients, from just about every part of Florida, we take great pride in changing the negative perception, one client at a time.
Whether your case is against another driver or against one of the world’s largest corporations, clients hire Schrier Law Group in order to secure the most money for their case. Get the most money for your case and do not become an ignored victim. Schrier Law Group can be reached at (800) 700-7285. Call us for a free case evaluation. Justice for you and your family can start now.
Schrier Law Group, as well as all of America, is paying attention to the lawsuits that are popping up due to COVID-19. One of the lawsuits getting the most reporting is about an employee at a Publix supermarket in Miami-Dade county Florida, that was allegedly prohibited from wearing a mask at work. Now his family is suing Publix over his death.
The coronavirus had already made its way to the US by the time Gerardo Gutierrez, 70, asked his employer if he’d be permitted to wear a face mask while he worked. Despite the fact that his deli counter co-worker was showing signs of the illness as they worked together on March 27th and 28th, Publix told him that masks were not allowed because they may “scare” customers, the family’s lawyer has claimed.
About a month later, Gutierrez died alone in a hospital from complications related to COVID-19. His family was forced to say their goodbyes over a video call.
“A Devastating Loss”
The co-worker has recovered, and Publix later reversed course on their maskless rule on April 20th, according to Publix’s website. However, a Tampa Bay Times report on April 30th showed the supermarket chain had yet to consistently adopt a mask policy, lagging behind their competitors at the time.
So the family filed a suit alleging the Florida-based company had acted with negligence. Lawyers for the Gutierrez family say Publix should be held accountable. They’re asking for more than $30,000 in damages. The lawsuit also cites multiple complaints submitted to the Occupational Safety and Health Administration over the grocer prohibiting masks and gloves earlier this year.
Gutierrez’s daughter Ariane, 43, called the passing a “devastating loss”.
Publix could not be reached for comment by multiple news outlets.
What are the Details?
Gutierrez arrived at work on March 27th and 28th to find his co-worker exhibiting symptoms of the COVID-19 illness. The company lifted their ban on some types of face coverings by April 30th, after refusing to allow Gutierrez the same, because deli workers were reportedly still prohibited from wearing them, according to the Tampa Bay Times.
On April 2nd, Gutierrez was sent home to isolate following the co-worker’s positive test results confirming they’d been infected with the coronavirus.
By April 6th, Gutierrez had a cough and fever. At the same time, Publix finally announced that all employees could wear surgical or reusable cloth masks.
It was too late for Gutierrez, who wound up passing away on April 28th.
The news isn’t good for other “essential businesses”. Walmart as well as Tyson Foods face lawsuits by employees over coronavirus deaths. Anticipating more, federal and Florida lawmakers have debated legislation to prevent workers from suing their employers if they contract COVID-19 on the job.
Something is going to happen one way or another because as long as Covid-19 sticks around, these lawsuits are going to follow.
The Schrier Law Group handles many wrongful death cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
A case filed against US Aviation alleging wrongful death and numerous other charges was recently moved out of Denton County, Texas to a federal court. The case was filed on behalf of the parents of a Chinese student at the US Aviation Academy in Denton County.
Yan Yang was a 21-year-old student, and his former classmates have alleged the academy knew he was experiencing depression and anxiety due to his treatment while in school, and yet instructors did nothing to help him.
The arguments laid out in the initial filings have alleged a few broad things:
1 – Yang was harassed by academy employees because of his nationality.
2 – Staff members declined to act on information that he was experiencing anxiety and depression because of how he was treated, and that these actions led directly to his death.
Yang’s parents and their attorneys allege that a pattern of harassment on the part of the Denton County-based academy led to their son’s death by suicide in 2019.
The order, obtained by the Denton Record-Chronicle, moved the case to the Texas Eastern District Court division in Sherman. The case was filed with the district on Oct. 15 and entered the following day.
Arguments for doing so state that allegations against the academy, as well as employee Daniel Bryson, “pertain to the operation of a flight academy,” and therefore fall under Federal Aviation Administration regulations.
“These claims, while nominally state law negligence claims, are actually based upon an alleged failure of the Defendants to adhere to pervasive and complex federal regulatory scheme which rigidly establishes the requisite standards, as well as govern proper course of conduct for flight training and licensure,” according to the notice filed in Denton County.
Essentially, Yang was part of the academy and it was his treatment in his official capacity as an aviation student that allegedly resulted in his death. That means the issues must be handled in federal courts, though the next hearing had not been scheduled by Thursday afternoon.
The Schrier Law Group handles many negligence cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
One thing for sure that is coming out of the pandemic is the growing number of lawsuits that are tied into wrongful death and/or negligence from COVID-19.
In Montana, The families of three residents who were infected with and died of COVID-19 at a local care/rehab center are suing the facility for negligence and wrongful death. They are alleging its corporate owners failed to establish basic infection prevention criteria during the outbreak of the deadly virus while ignoring sanctions from state and federal regulators.
What are the Details
As a result of the negligence, the lawsuit alleges a total of 13 residents died at the long-term care facility, including the three men on whose family members are seeking damages.
All three men died within weeks of one another, and the lawsuit outlines alleged instances of neglect, abuse, malnourishment, and other forms of mistreatment that led to their contraction of the virus, deteriorating health and ultimate death.
To be specific, the families allege that Whitefish Care and Rehabilitation Center, failed to establish and maintain a basic COVID-19 infection prevention and control program for an at-risk population of residents, even after a series of complaints.
These complaints led to the Montana Department of Public Health and Human Services and the federal Centers for Medicare and Medicaid Services to investigate the facility, leading to warnings, violations, and a corrective enforcement plan. A plan that was disregarded.
The families also allege the facility “failed to provide adequate and basic personal care to residents during the pandemic, failed to inform resident representatives of the deteriorating conditions inside the facility, and have concealed their neglect behind COVID-19 restrictions,” according to the lawsuit.
Across the nation, nursing home residents have been among the hardest hit by COVID-19, with outbreaks spreading rapidly through the congregant settings and disproportionately impacting vulnerable seniors.
One example mentioned in the lawsuit describes a period during the outbreak in which 58 residents were living at the facility while new intakes were mixed into the general population, in violation of rules requiring a 14-day isolation period for all new residents.
On Aug. 31, more than two weeks after the first positive case of COVID-19 inside the facility, and after four residents had died, regulators conducted a second survey and documented numerous instances of non-compliance with infection control guidelines, despite the earlier warnings and violations.
The lawsuit also names as a defendant, the executive director of Whitefish Care and Rehab, and accuses him of ignoring complaints, guidelines and agency recommendations, and requirements, while allowing the unsafe conditions “to persist until nearly the entire population of residents at the facility had become infected with COVID-19.”