The Wrongful Death Blog The best information about wrongful death cases

6Feb/090

Nebraska wrongful death lawsuit

As is common in other states, Nebraska wrongful death lawsuits are generally originated by a surviving family member. It is necessary to contact an Iowa personal injury attorney to handle these cases, which can be generated from a number of causes including accidents, medical malpractices, criminal attacks, and work or play related activities.

Damages in an Nebraska wrongful death lawsuit can include loss of income, loss of spousal relations, loss of past, present and future expected income, medical costs, emotional distress, and other damages from the time of the action that resulted in death.

Many Nebraska wrongful death lawsuits are settled for lesser sums out of court. Juries can mete out criminal punishment if warranted. Common causes for wrongful death include falls, drowning, poisoning, vehicular accidents, workplace accidents, and fires. Consult a licensed Nebraska attorney for guidance if you feel you have a potential cause for a wrongful death case.

16Nov/080

$11 million settlements in Chicago train deaths

CHICAGO (AP) A judge in Chicago says the Metra transit system must pay $11 million to settle two Nebraska wrongful death lawsuits stemming from a deadly 2005 train derailment.

College student Jane Cuthbert and research technician Allison Walsh were killed in September 2005. A commuter train from Joliet to Chicago derailed while changing tracks. More than 80 others were injured.

Federal officials have said the train was traveling about 70 mph. The train's engineer was fired in 2006.

On Wednesday, Cook County Judge Thomas Hogan approved the Nebraska Wrongful Death settlement.

Metra spokeswoman Judy Pardonnet (PAR'-dohn-nay) had no comment.

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13Sep/080

Reports of wrongful death lawsuit in teen shooting incorrect

The mother of a 16-year-old Crawford boy, shot and killed by Crawford Police Chief Richard “Rick” Thompson last year, plans to file a wrongful death lawsuit but it hasn't been filed yet.

Attorneys for Pat Britton, mother of teenager Jesse Britton, will file the lawsuit against Thompson, the City of Crawford and Dan Kling, a Nebraska Game and Parks employee in the near future.

The lawsuit will be filed in U.S. District Court and the trial will take place at the federal building in North Platte.

Recent news reports, including from the Omaha World Herald and the Associated Press, that the lawsuit was filed in Scotts Bluff County District Court are incorrect. Robert Chaloupka, an attorney from Scottsbluff, intends to file the lawsuit but it will be in federal court.

The North Platte Bulletin obtained a copy of the lawsuit Wednesday.

Crawford is a community of 1,100 people near Fort Robinson State Park that had been rocked by a number of burglaries.

Britton was a suspect in the burglaries around Crawford and Thompson had been looking for him.

On Oct. 3, 2007, Thompson got a tip that Britton was hiding in an abandoned bar in downtown Crawford. Thompson placed two officers outside the bar and he and Kling went inside.

The men located Britton in an upstairs room when he popped up from behind a desk, according to sources. Britton was pointing a .22-caliber Ruger pistol at Thompson. The unloaded gun later turned out to be one that had been stolen in the recent burglaries. Thompson ordered the boy to drop the gun. When he didn’t, Thompson fired three times and hit the teen with his third shot. Kling fired twice and both shots hit Britton.

The boy died at the scene.

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21Aug/080

Wrongful death lawsuit settled against Haythorn Ranch

The lawsuit was filed in Lincoln County District Court by the estate of 5-year-old Dakota F. McKillip in November of 2004.

Dakota was killed after he fell underneath a horse being ridden by Harry Haythorn on Nov. 3, 2002.

The lawsuit was a wrongful death suit that was filed against the ranch and Harry Haythorn.

Attorneys representing the plaintiff and defendant declined to comment on the settlement but a source close to the case said the settlement amount was $50,000.

The incident in question occurred in the morning of Nov. 3, 2002, according to the suit.

Dakota was visiting his father, Franklin S. McKillip, who was a hand on the ranch and had a home there.

The ranch hands were moving cattle from the pasture to feed bunks on a cold November morning. Dakota was riding a small quarter horse owned by the ranch named Freckles.

Dakota got cold and wanted to return to his dad’s ranch house and warm up, according to the suit.

Harry Haythorn, also on horseback, noticed that no one was tending to Dakota so he volunteered to assist the boy back to the house.

Haythorn led Freckles, with Dakota riding him, to the front entrance of McKillip’s ranch house and positioned the horses to allow Dakota to dismount.

The horses were steady, according to the lawsuit, and Dakota got off of Freckles. But as Dakota walked away, he stumbled and fell underneath the hindquarters of the horse Haythorn was riding.

Dakota suffered massive injuries from the horse. He was taken to Great Plains Regional Medical Center by ambulance then taken to Denver Health Medical Center where he passed away four days later.

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