Wrongful Death

Causation, foreseeability vexing issues for lawyers, litigants

November 6, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

This may sound like a simple question, but did the person you want to sue cause your injuries? If so, were your injuries a reasonably foreseeable result of the person’s actions?

If not, you may be out of luck in your personal injury case.

The issue of causation can lead personal injury litigants and their lawyers into a labyrinthine maze of legal concepts fit for a law school-level philosophy course. While the issues and doctrines that accompany causation and so-called “foreseeability” may be complex, the practical day-to-day application of these principles mean the difference in who wins and who loses in personal injury lawsuits.

In many cases, causation and foreseeability are not issues of contention. An analysis of a recent Australian case shows how the issues can arise, however, even in cases involving relatively straightforward facts.

A driver’s negligence caused a motor-vehicle accident. A person injured his neck in the accident. Several witnesses testified regarding the driver’s negligence and a police officer concluded the driver was at fault. The issue of whether the driver caused the person’s whiplash injury was uncontested.

Mother of penknife-wielding man killed in barrage of 46 police bullets calls for justice

October 30, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

Jewel Hall, the mother of a 49-year-old mentally disabled man shot dead by Saginaw, Michigan police officers in 2012, is campaigning for justice for her son.

Milton Hall was confronted by eight police officers after he refused to pay for coffee at a mini mart. After Hall brandished and refused to drop a penknife, officers unloaded 46 shots at Hall, striking him 14 times before he hit the ground, killing him instantly.

Ms. Hall said that after the shooting, an officer turned Milton Hall over and handcuffed him, then put his foot on Hall’s back while blood ran “down the street like water.”

The American Civil Liberties Union released a video of Hall’s shooting this week after a presentation to the Inter-American Commission on Human Rights detailing racial disparities in the criminal justice system. Mr. Hall was African-American, while all the police officers involved in his shooting were white.

Ms. Hall said the Department of Justice investigated the shooting but refused to press charges. The State of Michigan likewise declined to prosecute any of the officers. Two officers were disciplined by the police department, and a supervisor was demoted.

Wife of N.C. inmate who died of thirst after solitary confinement prepares to seek justice

October 16, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

The wife of an inmate who died of dehydration after two stints in solitary confinement has hired an attorney to pursue potential legal claims, the inmate’s sister has revealed.

Prison officials accused 54-year-old inmate Michael Anthony Kerr of flooding his cell, according to an autopsy released in September. Prison staff are permitted to switch off the water flowing to an inmate’s sink and toilet if the inmate is found to have misused “plumbing facilities,” according to the North Carolina Department of Public Safety.

Kerr died on March 12 after he was found unresponsive in the back of a van while being transported from Alexander Correctional Institution in Taylorsville to a mental hospital at Raleigh’s Central Prison.

It is unclear whether prison officials turned off the water to Kerr’s cell. Records obtained by the Associated Press showed that Kerr was placed in “administrative segregation” in February. He was cited twice—on the 21^st and again on the 24^th of February—for flooding his cell. Kerr was also cited for disobeying orders and for “lock tampering,” although, according to WCNC, inmates can be cited for lock tampering if they “repeatedly bang on the steel doors of their cells.”

Kerr was moved into “disciplinary segregation,” or solitary confinement, on February 25. Medical Examiner Dr. Susan E. Venuti, who conducted Kerr’s autopsy, said that she was allowed to read an internal prison report regarding Kerr’s death, but she was not allowed to make a copy of the report. She said the report failed to answer key questions such as when Kerr had last consumed food or water. Venuti could not even classify whether Kerr’s death was natural, accidental or the result of a homicide, given the lack of information.

Care.com sued by parents of infants killed while under care of nannies

August 7, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

A website that links consumers with caregivers for children, seniors and pets has been sued by a Wisconsin couple who used the website to hire a nanny to care for their infant daughter. The infant—Rylan Koopmeiner—died in 2012 of a head injury. Police have charged the nanny that the Koopmeiners hired through Care.com with murder.

The nanny—Sarah Gumm of Waukegan, Illinois—was caring for infant Rylan at her home when the child “suffered a skull fracture and cranial hemorrhaging and died on July 27, 2012.” The cause of the child’s death, according to an autopsy, was blunt force trauma to the head.

Ms. Gumm had been cited twice for drunken driving and once for battery before the Koopmeiners hired her. They paid for the highest-level background check available on Care.com, but the site failed to reveal Ms. Gumm’s criminal record. The Koopmeiners say they would not have hired Gumm if they had known about her criminal history. They say Care.com was negligent.

Care.com has responded that while it is deeply saddened by Rylan’s death, the company cannot comment on ongoing litigation. Ms. Gumm’s attorney has said that she did not kill Rylan intentionally.

Death of man after cop’s chokehold leads to retraining for 35,000 officers

July 24, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

Images of a man being subdued by at least five New York City police officers flashed across media outlets around the world last week after the man—a 43-year-old father of six—died in custody.

The man—Eric Garner—was placed in a chokehold by Officer Daniel Pantaleo before other officers joined in to take Garner down. Sgt. Kizzy Adonis said she believed she heard Garner trying to notify officers that he was having difficulty breathing after being taken down.

Officers first approached Garner because they alleged he was selling untaxed cigarettes. After approaching him, they said, he resisted arrest and failed to obey instructions as police tried to handcuff him. After Garner became unresponsive, a witness could be heard on video of the incident asking officers why no one was performing CPR. An officer answered that Garner was breathing, so he didn’t need CPR.

An initial investigation into Garner’s death did not mention Pantaleo’s chokehold, claimed Garner was not in “great distress,” and said he did not “get worse” while being held down by officers. Video footage of the skirmish, however, appears to show Garner struggling on the pavement and repeatedly saying “I can’t breathe” before losing consciousness.

Troubling trend of inmate deaths leave corrections institutions vulnerable to lawsuits

July 17, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What exactly is a wrongful death claim?”

The death of a 16-year-old at the S.C. Department of Juvenile Justice wasn’t a first for persons in the custody of the Palmetto State this year. Let’s hope it’s the last.

The young man—Alan C. Cottrell—was found in his room hanging from a bed sheet, according to Richland Coroner Gary Watts. Cottrell, who was alone in his room when the hanging occurred, was discovered by staff at around 11:30 p.m. He was taken to Lexington Medical Center, where he was pronounced dead of asphyxiation by hanging at 12:22 a.m.

The death is under investigation by the coroner and the State Law Enforcement Division. Watts said he did not know how long it had been since department staff had checked on Cottrell before the hanging. Three employees have been placed on suspension, according to Loretta S. Neal, the Director of Public Affairs for the Department. Through Neal, the Department extended its deepest sympathy and condolences to Cottrell’s family.

Earlier this year, in a May 20 incident, 44-year-old Randy William Stevens hanged himself in the Lancaster County jail. An investigation into Stevens’ death revealed that an officer on duty slept for two hours with headphones on her ears. Per jail policy, Stevens was supposed to be checked every 15 minutes. The officer falsified records showing she had performed the checks. Both she and her supervisor were fired, and three other officers were suspended for three days without pay.

Hot-car deaths becoming all-too-common

July 3, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold of Arnold & Smith, PLLC answers the question “What if the accident was my fault?”

The death of a three-year-old boy from Lancaster County, S.C. is only the latest in a string of deaths nationwide related to hot cars. Logan Cox became trapped in a car with his dog after slipping out of his home without his mother noticing. She found him a short time later and called for help.

The boy was rushed to the hospital, where he was treated for heat stroke. Tragically, Logan Cox passed away Sunday evening. Police have not pressed charges against Logan’s mother, who said she believed her son climbed into the car because he loved toy cars and wanted to drive.

Meanwhile, police in Georgia have released more information regarding the death of 22-month-old Cooper Harris. He was left strapped in his car seat by his father for seven hours in a parking lot not far from where his father worked. Harris’s father, Justin, has been charged with murder in that death, after police alleged he left his son to die in the car on purpose.

Police have said Harris was sexting with as many as six different women throughout the day his son died—including one woman who was underage. Police also alleged that in the days before his son’s death, Harris made internet searches on how long it would take for a person to die in a hot car.

Woman Charged After Motorcyclist Killed

June 17, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

Police in Charlotte have filed formal charges against a woman they say is responsible for the death of a motorcyclist. The accident happened Saturday morning at the intersection of Providence Road and Wendover Road.

According to law enforcement officials, the crash occurred when James Johnson was riding his Harley-Davidson motorcycle down Wendover Road. Susan Brown, in her BMW X5 SUV, pulled out directly in front of Johnson.

Police officers say that Brown was in the left turn lane and had a flashing yellow arrow at the time, meaning she failed to yield the right of way to Johnson who had a green light. When she turned in front of Johnson, the grill of her SUV struck him and ejected him from his motorcycle. The force of the accident threw Johnson into the lanes of Providence Road.

The accident then set off a chain reaction crash, with the front end of the BMW hitting a Ford F150 that was stopped at the red light on Providence Road. Johnson was trapped on the ground between both the BMW and the Ford.

Deadly Tractor-Trailer Accident Leaves Young Woman Dead

May 20, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

A North Carolina woman is dead after being hit by a tractor-trailer on I-95 this holiday weekend. Authorities with the Virginia State Patrol say the deadly crash took place in Prince George County, just outside Richmond.

According to police officers, the crash took place late last week at 4:40 in the afternoon near mile marker 42 on I-95. A tractor-trailer was heading south in the far right lane of the interstate when it drifted off the road and crashed directly into the back of a 2007 Hyundai Elantra. The Hyundai had pulled over on the shoulder of the road due to mechanical troubles.

Officers say that the driver of the car, 24-year-old Rachel Gradia, was sitting in the passenger side of the vehicle when the impact occurred. Emergency responders say that Gradia was thrown from the car due to the force of the collision. The accident also caused the tractor-trailer to jackknife off the side of the interstate.

Second Pedestrian Killed In Charlotte Area In Less Than A Week

April 24, 2014 | AS Personal Injury Lawyers

Attorney Matthew R. Arnold answering the question: “What exactly is a wrongful death claim?”

In another tragic incident, police say that a 62-year-old North Carolina woman has died after being hit by a passing SUV. The crash happened earlier this week along Old Charlotte Road and marks the second pedestrian death in the Charlotte area in less than a week.

Authorities say that Carmelita Cook was walking down Old Charlotte Road near the intersection with Park Drive when she was struck by a GMC Acadia. The accident was reported to police officers a little after 8:30 p.m. on Tuesday evening.

Reports indicate that Cook was attempting to cross the road when she was hit by the SUV. Though paramedics arrived quickly, it was too late to save Cook who was pronounced dead at the scene.

So far, there are no indications from witnesses that the driver of the SUV was speeding or otherwise engaged in dangerous conduct that contributed to the crash. Police officers in Concord, NC say that they are continuing to investigate the accident and will not rest until the reason for the tragedy has been identified.