The Wrongful Death Blog The best information about wrongful death cases

4Jun/080

Judge freezes Benson assets

A Waukesha County judge issued a temporary restraining order this afternoon freezing the assets of Mark M. Benson and preventing him from divesting assets that could be targeted in the Wisconsin wrongful death and personal injury lawsuit filed against him earlier this week.

A former physician, Benson is charged in the deaths April 25 of popular teacher and Associate Principal Jennifer Bukosky, her unborn child and her 10-year-old daughter and the injury of two other children.

Attorneys with Habush Habush & Rottier who filed the lawsuit against Benson sought the restraining order because Benson was overheard on the day he was arrested telling his wife he would shift assets out of his name.

Judge Kathryn W. Foster granted the temporary restraining order during a hearing today after allowing Benson, who remains jailed on .....

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3Jun/080

Janklow should pay settlement

As a lightning rod for strong public opinion, few politicians can beat Bill Janklow.

South Dakota’s four-term governor and former congressman was back in the spotlight last week, attracting the ire of angry taxpayers with the news of a $1 million settlement in the South Dakota wrongful death of Randy Scott.

That’s because U.S. taxpayers, not Bill Janklow, were on the hook for the civil damages awarded to the family of the late motorcyclist.

Scott was killed Aug. 16, 2003, when Janklow drove through a stop sign on a rural highway in eastern South Dakota and collided with Scott’s Harley-Davidson motorcycle. That collision led to Janklow’s conviction for second-degree manslaughter and cost him his seat in Congress. He served 100 days in jail, paid a $5,000 fine and lost his law license temporarily.

But he avoided a civil lawsuit when the U.S. attorney in Minnesota concluded Janklow was on official business at the time of the crash, which made the federal government responsible for financial damages because he was performing his duties as a government worker. The Scott family had wanted to sue Jank-low personally, which would have allowed them to pursue punitive damages, something that is not allowed under the Federal Tort Claims Act.

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2Jun/080

Iowa Briefs

Woman airlifted after explosion

HUDSON -- A Hudson woman has been airlifted to University Hospitals in Iowa City after suffering injuries from an explosion at her home apparently triggered by liquid propane.

The woman's family identified her as Donna Firgard, 65. They say she was home alone when an explosion occurred around four in the afternoon.

The home was severely damaged in the blast. Hudson firefighters remained on the scene battling the blaze.

Neighbor Lyle Taylor, who lives across the street, says he heard the blast and called authorities. Smoke from the inferno was seen from as far away as U.S. 20 north of the Waterloo Cedar Falls area.

Officials warn of tornado scam

PARKERSBURG -- Officials are warning disaster victims in northeast Iowa to be wary of scam artists as they recover from a historic tornado that struck last week.

Authorities say they have heard of people going door to door in some Parkersburg and New Hartford neighborhoods claiming to be approved by the Federal Emergency Management Agency to remove debris.

But Amanda Johnson, a FEMA spokeswoman, says that's not the case, and that no cleanup crews have been approved by FEMA.

The scammers have asked for 10 percent deposit or down payment on work. The offers can be from contractors who plan to do little work or will not complete the work.

As yet, no one has reported being a scam victim, and no arrests have been made in conjunction with the reports, said Butler County Sheriff Jason Johnson.

Man arrested for theft after tornado

PARKERSBURG -- A Dows man has been arrested after allegedly stealing property from homes damaged in last week's massive tornado in northeast Iowa.

The Butler County Sheriff's Office charged Lloyd Bonjour, 68, with fourth degree theft on Friday night after he was found with several items in his possession that appeared to be taken from homes in the Highway 57 and South Johnston Street area.

Family files lawsuit after fatal fire

MASON CITY -- The family members of a Mason City woman who was killed in a 2007 house fire have filed a wrongful death lawsuit against the man who shared her home.

According to Cerro Gordo County court records, the lawsuit was filed against Ron Larsen on May 19. Young's son, Scottie Lear, as well as Lear's wife and daughter are plaintiffs case.

The Iowa wrongful Death lawsuit contends that Larsen's unattended burning cigarette caused the fire that led to his mother's death. A fire marshal's report concluded burning embers from a cigarette ignited the fire last year.

More counties added

DES MOINES -- Gov. Chet Culver says he's received notification that additional counties affected by last week's massive tornado will receive federal aid.

The Presidential Disaster Declaration for parts of northeast Iowa will now include public assistance and individual assistance for Black Hawk and Buchanan counties, as well as public assistance for Delaware and Bulter counties.

Officials had previously announced that Butler County would receive expedited federal assistance.

Rail employee killed

WATERLOO -- A GE Rail Services employee has been killed after being struck by a rail car at the company's facility in Waterloo.

The victim, who has not been identified pending family notification, was struck on Friday afternoon.

Waterloo Police Lieutenant Michael McNamee says the death appears to be accidental.

The Waterloo facility is one of six locations in the nation that maintains and repairs General Electric-owned railcars.

2Jun/080

Children explain Iowa wrongful death suit

PORTLAND - When Suzanne Groetzinger was reported missing on Long Lake in Harrison last August, her three children waited on the shore for searchers to find her body.

"We went to bed at night wondering if she was out there," her son Jordan Edwards, 16, of Oxford said Thursday. "That made it a lot harder" to come to terms with her death.

Groetzinger and her boyfriend of two months, Raye Trott, died Aug. 11 after his 14-foot runabout was struck by a speedboat owned and operated by Robert M. LaPointe, 39, of Bridgton and Medway, Mass.

Groetzinger's son, Blaine Groetzinger, 25, of Portland remembers feeling frustrated in those first days after the wreck waiting for word about Groetzinger's fate. "Just sitting by the lakeside wanting your mother to come home - it was definitely not easy, wondering where she was. What had happened."

LaPointe faces seven criminal charges in connection with the incident, including two counts of manslaughter and four counts of aggravated operating under the influence.

Blaine Groetzinger filed a civil lawsuit against LaPointe on Wednesday seeking compensation for his mother's death on behalf of himself, his brother and his sister, Alyssa Groetzinger, 26, of Otisfield. He is represented by attorney Ben Gideon of Berman & Simmons.

Trott's estate, represented by Portland attorney Alan Beagle, is expected to file an almost identical suit against LaPointe, George LaPointe Jr. and Rick's Cafe in Naples in Cumberland County Superior Court on Friday. Trott has two children who live in Massachusetts.

The Groetzinger lawsuit alleges that LaPointe knowingly drove his Sunsation Dominator into Trott's boat, that Rick's Cafe served LaPointe alcohol after it was clear he had become intoxicated, and that LaPointe - in collusion with his father, George LaPointe Jr. - concealed real estate assets to shield their assets from a civil claim.

Beagle said Thursday that the Trott estate's lawsuit will contain very similar allegations and claims for compensation.

Gideon said Groetzinger's children decided to file suit after "it appeared to us that he may be conveying assets that would otherwise be available to satisfy and compensate the two families of both victims of this accident. If we were to allow this to linger on, there was more risk that that would continue to happen."

According to Gideon, the children...

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2Jun/080

Wrongful death claim settled for $240,000…

A Iowa wrongful death lawsuit was settled in March for $240,000 in the death of Anthony Moore, 16, of South Amana.

Moore was sitting in the trunk of a car driven by Nicole Eckman, 16, of Amana on May 13, 2005, when Eckman drove out of the driveway at the Brick Haus Restaurant in Amana, according to a police report. Moore fell off the back of the car, suffering fatal head injuries.

Carole Moore, Anthony's mother, was the first one on the scene, said James Craig, Moore's attorney from Cedar Rapids.

There was a conflicting statement early in the investigation, according to a police report. One of witnesses said Anthony Moore had done a back flip off the back of the car, but he later recanted that statement.

The Moore family also has another civil claim pending for underinsured motorist benefits against Pekin Insurance Co., Craig said. The case is on appeal to the Iowa Supreme Court on issues concerning the bystander claim. Under Iowa law, if a family member witnesses an accident it can be considered a personal injury claim because they suffered emotional shock or trauma.

Craig said Carole Moore did not see the accident but was the first one on the scene to find her son lying in the roadway. The argument is: Did she have to see the actual accident or is it enough that she was the first on the scene to make a bystander claim?

No criminal charges were filed in this case.

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1Jun/080

Family files lawsuit after fatal fire

MASON CITY, Iowa - The family members of a Mason City woman who was killed in a 2007 house fire have filed a Iowa wrongful death lawsuit against the man who shared her home.

According to Cerro Gordo County court records the lawsuit was filed against Ron Larsen on May 19. Young's son, Scottie Lear, as well as Lear's wife and daughter are plaintiffs case.

The lawsuit contends that Larsens unattended burning cigarette that caused the fire that led to his mother's death. A fire marshal's report concluded burning embers from a cigarette ignited the fire last year.

Young was credited with saving the lives of Jennifer and Becky Lear, who were sleeping when the fire was discovered. Larsen was not home at the time of the fire.