Wrongful Death « McDivitt Law Firm

Archive for the ‘ Wrongful Death ’ Category

May

$3.8 Million of Listeria Outbreak Settlement Released to Victims

May 10, 2013

As part of the settlement of 61 Colorado Wrongful Death and personal injury lawsuits filed against a produce farm near Grenada, a federal judge released $3.8 million to be distributed among the victims.

The suits stem from an outbreak of Listeria at the farm that quickly spread and contaminated cantaloupes distributed across the nation. As a result, hundreds of people became violently ill and dozens died.

An investigation into the outbreak cited a lack of sterile conditions as a contributing factor. Furthermore, investigators found the farm did not have enough policies and procedures in place to ensure clean conditions. Several oversights in inspection processes were also noted.

Many of those who were sickened by the contaminated fruit filed suit against the farm, claiming the farm’s negligence was directly responsible for their conditions.

A story from The Pueblo Chieftain reported that the courts agreed with the victims and a federal judge released a portion of the award to the victims. The cash was from a trust held as part of the farm’s bankruptcy proceedings.

Some victims may seek more compensation from the farm’s sister company and a lab contracted to test the fruit for safety.

The Denver Personal Injury Lawyers at McDivitt Law Firm know the devastation caused by the outbreak. That’s why the firm hopes the decision will bring some closure to the victims and their families.

Apr

Judge Rules Not To Dismiss Colorado Wrongful Death Lawsuits

April 19, 2013

A judge in federal court ruled earlier this week that he would not dismiss several Colorado Wrongful Death Lawsuits that have been filed against Cinemark USA. The company owns the theatre in Aurora, Colorado, where a mass shooting occurred this past July that claimed dozens of lives and left 70 others injured.

A story published in a recent issue of the Denver Post explains the decision was reached in a total of 10 cases. While U.S. District Judge R. Brooke Jackson ruled to dismiss claims of negligence that were made, he allowed the lawsuits to move forward based on claims of wrongful death and an interpretation of the Colorado Premises Liability Act. The law requires that landowners to ensure the safety of those who come on to their property.

Jackson stated that the wrongful death claims could be considered valid under the Act and should, therefore, not be thrown out. The ruling comes on the heels of a similar decision that was reached by U.S. Magistrate Judge, Michael Hegarty, this past January.

The lawsuits have asked that the plaintiffs be fully compensated for damages incurred as a result of the shooting.

The Denver Personal Injury Lawyers with the McDivitt Law Firm recognize the difficulties that can be associated with the loss of a loved one. The firm hopes a decision in the cases will bring a sense of closure to the tragedy for the victims and their families.

Mar

Colorado Theatre Shooting Lawsuits Being Heard Under the Premise Liability Act

March 6, 2013

When a person is killed in a tragic accident, the case must be examined in detail to determine what types of compensation claims should be filed.

A prime example of this need was discussed recently in an article published by the Denver Post. The story explained how civil lawsuits filed against an Aurora, Colorado, movie theater—where a mass shooting occurred this past July—have moved through the judicial system.

Following the shooting, victims and their families filed 10 lawsuits against the theater. The victims claimed the theater was directly responsible for their loved ones’ deaths and injuries due to a weak security system. In seven of those cases, a magistrate judge ruled the Colorado Wrongful Death lawsuits should be dismissed, as the theater’s security was not responsible for the actions of the shooter.

Instead, the cases were allowed to move forward if examined in relation to the Colorado Premise Liability Act. This law states a landowner has an obligation to protect the safety and health of anyone on his or her property.

The lawsuits now argue the theater should have better anticipated the shooting, considering there were approximately 100 emergency calls from the business in a four-month period.

The Denver Personal Injury Lawyers at the McDivitt Law Firm are available anytime to examine a case regarding an injury or loss of a loved one to help determine what type of rights to compensation a person may have.

Feb

Colorado Wrongful Death Lawsuit Filed in Connection with Tractor-Trailer Accident

Feb. 27, 2012

The family of a woman who was killed in a Colorado truck accident last year has filed a Wrongful Death lawsuit against the two men responsible for the crash. A story from ABC 7 News explains the collision happened along the westbound lanes of I-70, just outside the town of Limon, Colorado.

Reports indicate the 16-year-old driver of a 2003 Volvo tractor-trailer was heading toward Wyoming when he accidentally struck two women attempting to change a tire on a 2007 Pontiac Vibe that was stranded on the side of the highway. The truck initially fled from the scene, but returned a short time later.

The teen was originally charged with two counts of fleeing the scene of an accident involving a death and two counts of careless driving causing death. He was later found guilty and sentenced to two years of probation, 300 hours of community service, and a suspended license for two years.

The Colorado Personal Injury Lawyers with McDivitt Law Firm explain that state law allows the family of a fatally injured accident victim to seek compensation through civil proceedings against the person or entity responsible for their loss. However, the process in which to successfully file such a case can be extremely complex and confusing.

That is why the firm suggests discussing your legal options with a qualified attorney if you have lost a loved one to an accident due to the negligence of another.

Jan

Family Files Wrongful Death Lawsuit in Connection with Skiing Accident

Jan. 11, 2013

The family of a 19-year-ld man who was killed at the Howelsen Hill Ski Resort in Steamboat Springs, Colorado, has filed a Colorado Wrongful Death lawsuit against the city. According to Colorado’s 9 News, the lawsuit alleges the City of Steamboat Springs was responsible for the teen’s death because of their negligence in properly managing the area.

In March 2011, the teen had traveled to the ski resort and was riding the Schnackenberg Poma lift so that he could take the Town View Trail back down the mountain. His map showed the route to be open. However, he went over a steep section of slope, and went airborne before landing head first in a drift of snow. His body was not discovered until several hours after the accident occurred.

The lawsuit that the teen’s mother filed alleges that the city’s negligence in failing to properly close off the dangerous section of trail was directly responsible for the death of her son. The city maintains that the section was closed off and the teen would have had to maneuver through several barriers to get to the section of trail he was found on.

The Colorado Personal Injury Lawyers with McDivitt Law Firm would like to send their deepest sympathies to the family and friends of the victim, and they are hopeful a decision in the case will bring them all a sense of closure to the tragedy.

Nov

$775,000 Settlement Reached in Wrongful Death Case

Nov. 16, 2012

A settlement has been reached in the Colorado Wrongful Death lawsuit that was filed on behalf of a 41-year-old patient who died while in the care of medical staff at the Colorado Mental Health Institute at Pueblo in Aug. 2010. According to a story published by The Pueblo Chieftain, the state will pay the family of the victim a total of $775,000 in damages for their loss.

The death occurred when medical staff at the facility felt the need to restrain the patient and placed him into what is known as a prone restraint. This placed the patient on his stomach with his feet and hands bound together behind his back and left him unable to breathe properly. An autopsy of the victim revealed that he died of asphyxiation while bound.

The death prompted his family to file a wrongful death lawsuit against the Colorado Department of Human Services, who runs the hospital, claiming the hospital staff’s negligence directly caused the patient’s death. Since the filing was made, the hospital has banned the use of the prone restraint technique and has conducted training with its staff on other patient management techniques.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm believe medical staff has an obligation to protect a patients safety at all times, first and foremost, and the firm hopes the settlement will help bring some sense of closure to the family of the victim.

Oct

Three Lawsuits Filed in Connection with Colorado Theater Shootings

Oct. 29, 2012

At least three lawsuits have been filed against the company that owns the theatre where a mass shooting claimed 12 lives this summer. Bloomberg News reported that each of the suits claims Cinemark Holdings Co. and its theater in Aurora, Colorado, put patrons at an “unreasonably dangerous risk” of injury and/or death by failing to provide enough security to ensure customer safety.

The lawsuits stem from an incident in July 2012 where a former University of Colorado-Denver student walked into a midnight screening of a film and opened fire on the crowd. Twelve people died and dozens of other were injured, packing emergency rooms and hospitals across the Denver area.

Two of the personal injury lawsuits pending in federal court also allege the theater’s management was aware of the risks because of their knowledge of prior shootings, robberies, and assaults that had occurred at the theater.

The most recent Denver Wrongful Death lawsuit will be heard in state courts in an effort to receive a trial sooner and because of the potential for a larger award.

The Denver Personal Injury Lawyers with McDivitt Law Firm believe businesses, like the Cinemark Theater, have a responsibility to ensure the safety of anyone who is allowed entry to their property. Our law firm hopes a decision in the pending Colorado lawsuits will help bring closure to the victims and their families.

Oct

Vail Ski Resort Asks for Dismissal of Colorado Wrongful Death Lawsuit

Oct. 8, 2012

A Vail ski resort has filed for the dismissal of a $250,000 wrongful death lawsuit brought against them in connection with the avalanche death of a 13-year-old boy earlier this year. The Vail Daily News reports the resort is asking the judge for dismissal on the grounds the boy’s death was not caused by a violation of law or the negligence of the resort or its staff.

On Jan. 22 at around 1 p.m., the victim and five other skiers entered an area of the resort known as the Prima Cornice through a lower gate, which was left open after fresh snow had dropped the night before.

At some point though, the group side stepped up the mountain, bypassing a closed gate at the top. The group then descended the mountain, but an avalanche slammed the young victim into a tree. He died as a result of blunt force trauma to the chest.

The lawsuit filed by the boy’s parents claims the resort was negligent in failing to close the slope, and that the resort violated Colorado’s Ski Safety Act. The resort’s attorneys argued the boy’s death was not caused by their actions, but instead by an act of nature, which is “an inherent danger and risk of skiing.”

The Denver Personal Injury Lawyers with McDivitt Law Firm hope the suit’s verdict will help bring some closure to the boy’s parents for their loss.

Sep

Family of Denver Man Files Colorado Wrongful Death Lawsuit

Sept. 26, 2012

The family of a 29-year-old Denver man has filed a Denver wrongful death lawsuit against the city and a 911 dispatcher after the man was killed after being instructed to return to the scene of a road rage incident. A story published by The Denver Post stated the incident occurred in April at the corner of West 29^th Avenue and Sheridan Boulevard.

Reports indicate the victim and three other individuals approached the intersection as they were driving home, when the driver of a red Jeep approached their car and began shouting obscenities and throwing bottles at their vehicle. The men immediately fled the scene and lost sight of the Jeep.

They called 911 when they reached the parking lot of their apartment complex outside of town. However, in order to file a report, the dispatcher informed the men they would have to return to the scene of the crime to meet Denver police officers.

The men returned to the corner with the dispatcher still on the phone. The Jeep returned and one of its occupants fired a gun into the victim’s car, killing him. Only then did the dispatcher tell officers to report to the scene.

The Denver Personal Injury Lawyers with McDivitt Law Firm understand the range of emotions that can come after suddenly losing a loved one and hope the lawsuit will help bring closure to the family of the victim.

Sep

Colorado Company Named as Defendant in Wrongful Death Lawsuit

Sept. 7, 2012

A company based out of Golden, Colorado, has been partially blamed for the death of a 15-year-old boy in a recently filed Denver wrongful death lawsuit. The Washington Post reports that the suit claims the company, Bold Earth Adventures, along with a Hawaiian contractor, Big Island Kayaking, made decisions directly cause of the teen’s death.

The 15-year-old boy was part of a group of 12 teens participating in an outdoor adventure camp run by Bold Earth. The company had hired Big Island Kayaking to lead the group on a paddle through the bay near the Captain Cook monument on July 4.

However, near the end of the trip, group leaders decided to take the teens to rest in a tide pool area further out to sea. The tide began to go back out to sea as the teens rested, sweeping two of the teens away with it.

One teen was rescued, but remained in critical condition for weeks. The 15-year-old named as the victim in the lawsuit was never found.

The parents of the presumed-dead teen are now seeking an unspecified amount in punitive damages from both companies for the loss of their son.

The Colorado Personal Injury Lawyers with the McDivitt Law Firm would like to send their deepest sympathies to the family of the young man who died and hope that a decision in the case will help bring closure to their loss.

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