Albuquerque: “The wife of an armed robbery suspect shot dead by a shop clerk said the clerk was wrong, and now she has filed a civil lawsuit claiming wrongful death….’He [deceased robber Ramon Sedillo] does bear some fault, but it’s like a pie. You divide out the fault accordingly, and [store clerk Matthew] Beasley could have done something different,’ [Sedillo family lawyer Amavalise] Jaramillo said.” [KRQE]
The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]:
According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. The suit also alleges that the league’s substance abuse program violated its own rules when it failed to suspend or reprimand him for his several lapses, even in the face of multiple failed drug tests and his admissions that he occasionally purchased the drugs illegally.
P.S. In other sports-lawsuit news, “Vijay Singh sued the PGA Tour on Wednesday for exposing him to ‘public humiliation and ridicule’ during a 12-week investigation into his use of deer-antler spray that ended last week when the tour dropped its case against him.” [ESPN, auto-plays video]
And now William Lawler is suing the Amarillo, Tex. sports bar that served both of them earlier in the evening, saying it should have cut them off. The suit, which seeks $1 million or more,
also claims the two had an “amiable relationship, and would have never fought were it not for their extreme level of inebriation.”
Lawler’s lawyer Ryan Turman said he thinks they have a solid case.
“We feel like we’ve got solid facts. We feel like Pink is responsible,” he said. “You just trust a jury to do what is right on these.”
He said the lawsuit was filed in accordance with the Dram Shop Act.
[Amarillo Globe-News, more, Jon Mark Beilue column; & welcome Above the Law readers]
Great moments in blame-shifting: In Dade City, Fla., an ex-con with cocaine and other drugs in his system tried to outrun the cops in a high speed chase, then veered into a farm neighborhood where he smashed his car into two trees on a one-lane dead-end private road, instantly killing himself and a passenger. Now the estate of his passenger (who was also on drugs) is suing 21 local residents who jointly maintain the private road, saying they should have kept it clear of trees and did not provide adequate signage. “There were no apparent visual roadway obstructions or environmental factors that would have contributed to this crash,” a report from the Florida Highway Patrol stated at the time. [Tampa Bay Times](& Alkon)
“A former California law student who suffered a spinal cord injury he attributes to nitrous oxide has sued three head shops that sold him the substance.” Jason Starn says after two months of steadily abusing the gas he developed Vitamin B-12 depletion, a side effect of overexposure to the compound. [Debra Cassens Weiss, ABA Journal; Sacramento Bee]
“A woman who admitted to drowning her three young children in her bathtub in New Cassel nearly five years ago is telling a judge that she deserves some of the money from her children’s $250,000 estate. … [Innocent] Demesyeux [father of two of the three children] settled a lawsuit against [Nassau] county last year for $250,000, claiming that social services caseworkers could have done more to save his children.” A lawsuit on behalf of the third child is pending. [Newsday]
“Saying that a moving train presents an obvious danger, the Illinois Supreme Court on Thursday overturned a $3.9 million jury award against a trio of railroad companies.” A 12-year-old had “tried to impress his friends by jumping onto a moving train in Chicago Ridge” and was badly injured. [Madison County Record]
“The parents of Derek Boogaard, the N.H.L. enforcer who died in May 2011 of an accidental overdose of prescription painkillers and alcohol, have sued the N.H.L. Players’ Association. … The suit seeks the $4.8 million in salary he was scheduled to make and $5 million in punitive damages.” [NY Times, Andrew Buzin]
Francesco Piserchia and another suspect were speeding away from the scene of a botched burglary when the police caught up with them. Piserchia’s suit claims he was trying to surrender when he was shot. [CBS New York]
“A Massapequa woman who claims to have spent “over 100 nights” with an on-duty Nassau County police officer has filed legal notice that she intends to sue the county for $10 million. Tara Obenauer, 42, said in court papers that the county failed to supervise Officer Mike Tedesco, allowing him to visit her home regularly for about seven months until February, almost always during his shifts, in his uniform and while driving his patrol car.” [Newsday]
More, NY Post: local attorney “flabbergasted that officials are being blamed for not chaperoning the couple’s sex romps.”
Jonesboro, Ga.: the defense lawyer called it “a fun fact pattern” involving “quite a cast of characters,” while the plaintiff’s lawyer acknowledged taking the case to trial even while knowing “that there was a less than 10 percent chance of winning on liability. … I never turn down the chance to take a case to trial when there is a real injury involved, no matter how tough the liability picture.” Does that imply that he represents other clients whose injury isn’t as “real”? [Fulton County Daily Report]
Kashmir Hill explains at Forbes:
Strava ‘player’ William “Kim” Flint got so competitive that when he lost his first place rank as “King of the Mountain” for a steep route in Berkeley, California, he raced down the road on his bike at 40 mph to try to reclaim his title. The 41-year-old electrical engineer had to brake suddenly; he flipped over a car and died on the 2010 ride, reports ABC News. Now his family is suing Strava for negligence, alleging that the start-up is responsible for Flint’s death.
Some stories just seem destined for this site, including this one about a woman whose legal complaint alleges that “her ex-husband met her after she was hired to work at McDonald’s and later pushed her into prostitution in Nevada.” [Courthouse News, NY Daily News]
“Surveillance footage suggests that [Azcona] was heavily intoxicated, stumbling several times before he fell into a snow bank and didn’t get up.” Later a snowplow hit him. His survivors are suing the Trenton, N.J. bar that allegedly should have cut him off earlier, along with the city. [Ann Marie McDonald, New Jersey Lawsuit Reform Watch; Trenton Times]
“A New Jersey man who got so drunk playing beer pong at a Greenwich Village pub that he thought walking across a busy highway was a good idea cannot sue the bar over his injuries, a judge has ruled.” [Dareh Gregorian, NY Post]
Having decided to cut classes, a 15-year-old student at Mitchell High School in New Port Richey, Fla. was fatally struck by a car one morning last year about a mile from school grounds. “Her mother says school officials could have prevented her death — and she’s pursuing legal action with the hope of changing their supervision and tardiness policies….The notice, drafted by Mamonoff’s attorney Stacy Kemp, offered to drop the matter and settle out of court for $1 million.” [St. Petersburg Times]
Max Kennerly thinks we should understand their point of view. Earlier here, here, etc., etc.