Colorado Springs Personal Injury Lawyer - Wrongful Death

Military Academy Settles Wrongful Death Lawsuit

Shannon Weidemann — Tue, 08 Jul 2008 20:29:36 GMT

A wrongful death lawsuit brought against Missouri Military Academy has been settled out of court. The Academy will pay the parents of Alain Garcia $700,000 to settle the lawsuit. He was killed in a firing range accident in 2004.

According to the lawsuit, filed in May 2007, Garcia, a sophomore, was shot during Junior ROTC training when a freshman cadet adjusted his firing mat at an instructor’s request. When the student turned to fix his mat, the butt of his .22 caliber M-12 rifle hit the ground, discharging a bullet that struck Garcia in the heart.

The rifle had a sensitive hair or “ghost” trigger with less than one pound of trigger pull, the complaint alleged.

The Academy is a private middle and high school with 280 students. The Academy and the victim's parents has no comment about the lawsuit and settlement.

Visit InjuryBoard's Help Center for more on information about filing a wrongful death lawsuit.

Originally posted at InjuryBoard by Shannon Weidemann

Colorado Springs Hospital Settles Wrongful Death Lawsuit

Linda Snyder — Fri, 14 Mar 2008 15:32:26 GMT

Memorial Hospital settled a wrongful death lawsuit Wednesday with Donald Rifkin, whose wife shot and killed the couple's boys and then herself shortly after being released from the Colorado Springs-owned hospital in 2005.

Rifkin will receive $325,000, according to city documents obtained by The Gazette.

On April 22, 2005, Julie Rifkin, 41, made threats to a co-worker about killing herself and her two young sons. She was taken to Memorial Hospital where she worked as a volunteer chaplain and knew many of the people who worked there.

She convinced Memorial's Dr. Clinton Fouss and Yvonne Sletta, a licensed clinical social worker that her threats were not serious, claiming she made the comment out of haste, and she would not actually want to kill herself. Memorial's report showed Julie Rifkin had been battling depression and told Fouss she was taking anti-depressant medications. She had also confided to a co-worker that she was depressed that she lost her job at The Navigators and she was lonely. Hospital officials had the option of holding her for 72 hours if they determined she was a threat either to herself or others. She was released within two hours.

The very next day, Rifkin bought a handgun at a pawnshop and shot her two sons, Nathan Rifkin, 13, and Gabriel Rifkin, 12, in the head as they slept in their beds. She then shot and killed herself.

72 hours might have saved those two boys and their mother.

Her husband of 18 years, Donald Rifkin had been laid off from his job in Colorado Springs and was working in South Carolina at the time. He was never notified from hospital officials that his wife had been admitted or why.

If Memorial Hospital had chosen to keep Rifkin for 72 hours, maybe the boys would have been placed with Child Protective Services and maybe their father would have been notified. At least they would have had a chance. Instead they were murdered by their own mother as they slept in their beds.

If Julie Rifkin had been held for just 72 short hours the outcome might have been different. For more information on wrongful death lawsuits, visit our wrongful death section.

Originally posted at InjuryBoard by Linda Snyder

Parents Win Wrongful Death Case Against Fraternity Member

Shannon Weidemann — Mon, 10 Dec 2007 21:09:30 GMT

A student hazing a fraternity at Plattsburge State University in 2003 died during the initiation rites. His parents sued 14 members of the Psi Episilon Chi fraternity after their son's death from water intoxication. The judge in the wrongful death lawsuit awarded the parents $1.5 Million.

After his death, which sparked outrage across the state, 10 of his alleged tormenters and an alumnus were collectively charged with more than 150 crimes and later pleaded guilty to a range of lesser charges that left them either serving probation or community service.
The 10 students were later expelled from Plattsburgh State.

13 of the fraternity members settled with the parents before going to trial. The fraternity no longer exists at PSU and the fraternity house was sold.

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

Originally posted at InjuryBoard by Shannon Weidemann

Utah Police Officers Sued for Wrongful Death

Shannon Weidemann — Wed, 10 Oct 2007 15:15:07 GMT

A man was shot by two police officers in 1998 and his family is now suing for wrongful death. The court case started this week. The victim had been visiting his parent's home and the police were called because he was acting suicidal. When the police arrived he was holding a knife that the officers believed to be a gun.

In opening statements, defense attorney Andrew Morse said Peterson fired because Walker was facing him in a "shooter's stance" with arms out-stretched holding an object Peterson thought was a .38 Special revolver, Morse said.
"He sees a gun," Morse said. "He thinks he's dead. He thought Walker had the drop on him."

The events of the evening were witnessed by the victim's mother, sister and brother-in-law. Their accounts are different from the police officers. The jury will have to decide on many key points in the case, including whether the man was a threat to others.

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

Wrongful Death Lawsuit Dismissed in Las Vegas

Shannon Weidemann — Mon, 16 Jul 2007 14:48:32 GMT

A wrongful death lawsuit against a woman that was first convicted and then acquitted of her boyfriend's death has been dismissed. She had also been charged with stealing the man's silver and that conviction was upheld on appeal.

Tuesday, Judge Elizabeth Halverson granted a motion to dismiss the wrongful death suit, because in Nevada, after you start a case, it must be brought to trial within five years.

The murdered man was a casino boss at the time of his death in 1998. His girlfriend was having an affair with another man and they were both tried for his death and the theft.

For more information on this subject matter, please consult our section on Wrongful Death.

Originally posted at InjuryBoard by Shannon Weidemann

Wrongful Death Suit Filed Against Hyundai

Shannon Weidemann — Sat, 26 May 2007 16:11:17 GMT

Hyundai Motor American had a wrongful death lawsuit filed against them in Orange County Superior Court. The lawsuit alleges they helped an employee leave the country following a fatal car accident. Youn Bum Lee was driving a car that hit a motorcyle and killed the driver. He had been out drinking with other Hyundai executives on the night of the accident.

"What unfolded was possible criminal conduct, not just by Mr. Lee, but up and down the corporate chain," attorney Wylie Aitken said.
Aitken said that later that morning, Lee went to work, and numerous Hyundai officials arranged for him to meet with a criminal defense attorney in Los Angeles.
Following that meeting, Ryu and Jang dropped Lee off at Los Angeles International Airport, where he bought an open-ended ticket to South Korea, officials said.

The location of Lee is unknown at this time. He has been charged with multiple crimes and extradition proceedings have just begun.

Originally posted at InjuryBoard by Shannon Weidemann

Defendants Seek Dismissal of Wrongful Death Suit

Staff Writer — Mon, 09 Jan 2006 10:23:57 GMT

Attorneys for defendants in a Wyoming wrongful death lawsuit have asked a judge to completely throw out, or at least release some defendants from, the suit. Rick Schwartz and Milt Stollak were fighting Colorado wildfires in 2002 when the tanker they were flying went down.

Relatives of the two filed suit in 2004 against Hawkins and Powers Aviation, its employees, and other defendants.
Attorneys for the families told the judge that "chain of command" is an issue, and that pilots faced the threat of firing if they didn't fly.

From KESQ.com wrongful death news.

Originally posted at InjuryBoard by Staff Writer