Charlotte Personal Injury Lawyer - Wrongful Death

Lawsuit Over Hazing Death

Greg Jones — Thu, 13 Aug 2009 14:55:43 GMT

This week the family of a Utah State University student filed a lawsuit alleging USU officials tolerated "a culture of drug and alcohol abuse" at a fraternity house where their son, a teenage freshman pledge, died of alcohol poisoning after an alleged hazing last fall. According to the suit, the Sigma Nu fraternity chapter had a long documented history of misconduct, including an alcohol-related suicide by hanging, underage drinking, arson, thefts, vandalism, false fire alarms and assaults. The suit not only accuses the Sigma Nu chapter of straying from its chartering principles, but argues that University has a legal obligation to bring student organizations into line.

It is sad that in this day and age, parents have to worry about potential injuries from illegal hazing even after many successful lawsuits from injury and death. The USU case shows that not only the indiviuals casing the harm but othe organizations such as the college, the local fraternity chapter as well as its national parent fraternity may be sued for alleged injuries. In the above case, the national fraternity has already reached an out of court settlement with the family.

Originally posted at InjuryBoard by Greg Jones

Who Receives Wrongful Death Proceeds in North Carolina?

Nathan Hull — Mon, 08 Sep 2008 17:15:14 GMT

Handling estates involving wrongful death proceeds can be somewhat more complex than a standard estate administration. Instead of relying on the law of the State of domicile for all matters it is important to look at the law of the State where the accident occurred. Even where the accident occurred in the same State as the Decedent’s domicile, Statutes may trump the Decedent’s Last Will and Testament.

In most estate administration matters the laws of the State where the decedent was domiciled control.[1] For those that don’t know, domicile is a person’s legal home. Generally physical presence in the State and the intent to have that location be the person’s home is all that is required to establish domicile.

In the case of a wrongful death, the laws of the State where the accident occurred may trump the State of domicile.[2] For example, if a South Carolina resident were to die in a car accident in North Carolina, the laws of North Carolina would control the distribution of wrongful death proceeds.[3]

Also, in almost all estate administration matters a Decedent may circumvent the intestate laws of the State by having a Last Will and Testament. The Will can establish the executor, guardian and beneficiaries of the estate but does not control who may receive wrongful death proceeds. In North Carolina the wrongful death proceeds are distributed based upon intestate succession and never become a part of the estate.[4] This is useful in that the proceeds may not be subject to creditors but may distribute funds to individuals that had been otherwise disinherited by the Decedent’s Last Will and Testament.

Different States have different intestate succession laws so an out of State wrongful death may result in considerably different distribution than if the same accident occurred within the Decedent’s home State. For example, in North Carolina, where there are no children the surviving spouse of a Decedent would have to share the proceeds with the parents of the Decedent but, if the incident occurred in South Carolina, the surviving spouse would receive all of the proceeds.

These rules apply regardless of whether a settlement is reached with the insurance company or a lawsuit is filed. While the establishment of an estate may be required to bring a lawsuit on a wrongful death, the distribution Statutes will still control.

It is important that you have an attorney competent in both personal injury and estate administration assist in any accident that results in a death.

[1] The U.S. Supreme Court addressed this issue in Wilkins v. Ellett, 76 U.S. 740, 1869 WL 11617. The Supreme Court stated, “[i]t has long been settled, and is a principle of universal jurisprudence in all civilized nations, that the personal estate of the deceased is to be regarded, for the purpose of succession and distribution, wherever situated, as having no other locality than that of his domicile; and if he dies interstate the succession is governed by the law of the place where he was domiciled at the time of his decease, and not by the conflicting laws of the various places where the property happened at the time to be situated, 2 Kent. Comm. 429; Story, Confl. Laws, § 379.” Id. at 742.

[2] Hartness v Pharr 133 NC 566, 45 SE 901 (1903) Hartness, is a North Carolina Supreme Court case where it was determined that the laws of the State where the action accrues apply to the distribution of wrongful death proceeds. In Hartness, the decedent was a South Carolina resident who died in North Carolina. The Court ruled that North Carolina law applied and that the wrongful death proceeds would be distributed based upon North Carolina statutes.

[3] Hughes v. Doe, 281 S.C. 488, 316 S.E.2d 383 (1984) Hughes, is a South Carolina Supreme Court Case which ruled that the statute of the State where the cause of action arises controls the distribution of wrongful death proceeds. In Hughes, the decedent was a South Carolina resident and the death occurred in Georgia.

[4] N.C. Gen. Stat. § 28A-18-2

Originally posted at InjuryBoard by Nathan Hull

Wrongful Death Case Settled Over Jail Death

Shannon Weidemann — Mon, 24 Sep 2007 22:44:52 GMT

A man died after spending three days in the Mille Lacs County Jail and being denied a visit with a doctor. Before he was arrested he was injured in a car accident. His mother sued the county for wrongful death. The lawsuit was settled for $700,000.

For days, he pleaded with Mille Lacs County jail employees to let him see a doctor. But by the time they relented, it was too late, according to the lawsuit filed in U.S. District Court in Minneapolis. Brown died of acute bacterial meningitis associated with a skull fracture from the accident.

The mother felt her son's civi rights had been denied. The county did not admit they had done anything wrong. The family is glad they can move on now that the lawsuit is over.

If you would like to read more about wrongful death, please visit InjuryBoard's Wrongful Death information page.

Originally posted at InjuryBoard by Shannon Weidemann

Illinois Woman Wins $2.5 Million in Wrongful Death Case

Shannon Weidemann — Sun, 09 Sep 2007 21:33:39 GMT

A woman sued the man believed to be responsible for the murder of her husband for wrongful death. Criminal charges have not been filed in the murder case. The murder happened in Bartonville, Illinois in 2000. The defendant in the case did not show up in court and the judge ruled that he was liable.

Kyle Harrell was shot and killed on a remote road.
Authorities believe Harrell's business partner and another man were behind the crime, but charges were never filed against either man.
A judge awarded Kyle Harrell's widow $2.5 million last week.

The family hopes that the criminal case will be resolved one day and a $30,000 reward is being offered for information.

If you would like more information about Wrongful Death, please visit InjuryBoard's Wrongful Death page.

Originally posted at InjuryBoard by Shannon Weidemann

Family Awarded $25.8 Million in Wrongful Death Case

Shannon Weidemann — Sat, 18 Aug 2007 15:50:20 GMT

A woman died after being dispensed the wrong drug at Walgreens and a jury has awarded her family $25.8 Million in the wrongful death case brought against the pharmacy. The woman was prescribed a blood thinner and the pharmacy gave her one 10 times the prescribed strength. It caused her to have a stroke in 2002 and die in 2007.

The Polk County Circuit Court jury found the prescription error caused a cerebral hemorrhage resulting in permanent bodily injury, disability and physical pain. The mother of three died in January at the age of 46.

A 19-year-old pharmacy technician, with little training, misfiled the prescription, according to court documents.

Walgreens has not announced if it will appeal. It issued a statement saying it had apologized to the family for their mistake.

Originally posted at InjuryBoard by Shannon Weidemann

Wrongful Death Suit Filed Against Veterans Affairs

Shannon Weidemann — Sat, 04 Aug 2007 17:18:11 GMT

A Marine veteran came home after serving in Iraq and committed suicide after his post-traumatic stress disorder went untreated by the Northampton VA Medical Center. His parents have filed a wrongful death lawsuit against Veterans Affairs.

His parents took him to the Northampton VA Medical Center and he was involuntarily committed for help. He was released a few days later after VA personnel said they couldn't make an assessment of his post-traumatic stress disorder until he was alcohol free, said the complaint.
A few days later, his family took Lucey back to the center, but the lawsuit says the staff turned him away. Kevin Lucey found his son dead, hanging from a beam in the cellar two weeks later.

The Secretary of the VA Jim Nicholson is stepping down from the job by October 1st. He has been repeatedly criticized for his handling of the VA and its poor handling of veterans' treatment. The Lucey's hope their lawsuit will help to bring about change.

Originally posted at InjuryBoard by Shannon Weidemann

Jury Awards $35.3 Million in Michigan Wrongful Death Case

Shannon Weidemann — Mon, 30 Jul 2007 14:44:08 GMT

A doctor who operated a rapid drug detox clinic and had a patient die in his care was found negligent by a jury and ordered to pay the victim's family $35.5 Million. Dr. Aeneas Guiney operated the clinic in Troy, Michigan. The victim died in 2004. The medical malpractice case was filed by the victim's family.

While under anesthesia, Oppenheim failed to get enough oxygen, suffered brain damage and died, said attorney Brian J. McKeen, who represented Oppenheim's family.
Both doctors also are said to have never investigated Oppenheim's medical history, which showed a history of hypertension and reactions to anesthesia.

Dr. Guiney's medical license is listed as limited. He may be charged with criminal charges for the death.

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

Originally posted at InjuryBoard by Shannon Weidemann

City of Medford Sued for Wrongful Death

Shannon Weidemann — Mon, 02 Jul 2007 18:24:41 GMT

The family of a woman murdered in Medford, Oregon has sued the city for her wrongful death. She was stabbed mulitple times and called 911 for help. She was found dead alongside her car by Oregon State Police.

The family alleges Ana Merez bled to death because the city's 911 center delayed transmission of her call for help.
Meraz called 911 May 3 to say she needed urgent medical attention. An unidentified man took the phone to say he stopped to assist Meraz after seeing her vehicle weaving in traffic.

Her ex-husband filed the lawsuit. They had two children together, a 12-year-old son and 9-year-old daughter. The lawsuit is asking for $3 million in damages.

Originally posted at InjuryBoard by Shannon Weidemann

Wrongful Death Suit Filed Against West Virginia Nursing Home

Shannon Weidemann — Tue, 12 Jun 2007 14:32:31 GMT

A nursing home in Dunbar, West Virginia has had a wrongful death and medical malpractice lawsuit filed against it. The family of a former resident has filed the suit claiming that he died of injuries suffered in the home.

The suit says Combs entered the home at the age of 77, with dementia. While there, he was inflicted with several injuries, including "pneumonia; dehydration; pressure sores; multiple fractures; malnutrition; contractures; loss of weight; and death," the suit says.

The man lived in the home from 2004 to the end of 2005. He died on January 31, 2006. His family is seeking damages from Sunbridge Care and Rehab and Sun Healthcare Group Inc.

Originally posted at InjuryBoard by Shannon Weidemann

Grand Haven Charity Event Cancelled After Wrongful Death Suit

Shannon Weidemann — Thu, 24 May 2007 17:43:00 GMT

A charity fundraiser for the Make a Wish Foundation held in Grand Haven, Michigan every year has been cancelled pending the results of a wrongful death lawsuit. During the 2005 "Smoke on the Water" event two participants died after the boat they were passengers in entered a sharp turn and threw them in the water.

The suit, filed last year, claims negligence, recklessness and an unsafe vessel combined to cause the crash.
The annual fundraiser, which would have been in its seventh run, brings in about $30,000 per year for the Make-A-Wish Foundation, Blondin said. About 100 boaters take part each year, and the Grand Haven Chamber of Commerce has told Blondin the event has an economic impact of $1 million per year.

The event was to be held in July. Organizers hope to host it again next summer after the lawsuit is over.

Originally posted at InjuryBoard by Shannon Weidemann