The Wrongful Death Blog The best information about wrongful death cases

25Nov/080

Asbestos exposure causes wrongful death lawsuit

Dallas mesothelioma cancer attorney, Witherite, reports Wisconsin wrongful death widow files wrongful death claim. The lawsuit names 109 defendants responsible for spouse’s occupational asbestos exposure.

November 13, 2008, Dallas, Texas (JusticeNewsFlash.com)–Experienced Dallas, Texas, Wisconsin wrongful death attorney, Amy Witherite, reveals Doris Piacentine, a Wisconsin resident, recently filed a mesothelioma cancer wrongful death lawsuit recently in Illinois. Piacentine claims Her husband died as a result of a chronic pulmonary illness he contracted due to years of occupational exposure to asbestos. Mesothelioma cancers develop from direct and secondary exposure to asbestos. Edward C. Piacentine, Doris’s late spouse, was diagnosed with plural mesothelioma on March 16, 2007. He died two months later on May 23, 2008, according to the lawsuit filed in Illinois’ Madison County Circuit Court. The lawsuit names 109 defendant companies and employers stating her husband developed pleural mesothelioma after continuous occupational exposure to asbestos containing products.

The educated Dallas County mesothelioma cancer attorney, Witherite, outlines the following key complaints in the asbestos lawsuit:

-Edward was employed over 43 years in the following positions: meat packer, U.S. Navy corpsman, construction worker, truck driver and electrical inspector for the city of Milwaukee.
-The occupational asbestos exposure should have been anticipated and prevented by the defendants
-Edward suffered considerable mental and physical pain, lost income, and incurred medical expenses for mesothelioma treatment.

Informed mesothelioma cancer attorney, Witherite, with the Dallas, Texas law firm of Eberstein & Witherite, has been fighting for asbestos victims rights for a combined total of 40 years. The strong asbestos worker advocates believe workers and their families injured by asbestos exposure deserve compensation for their injuries and losses. Contact a product liability attorney specializing in mesothelioma and asbestos litigation for help with you claim.

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14Nov/080

Geske Sued for Fatal Crash in Ashwaubenon

A civil suit is filed against a woman charged with killing two teens while allegedly driving drunk in Ashwaubenon.

Police say Anrietta Geske was speeding when she ran a red light and crashed her Porsche into another car back in June, killing 18-year-olds Talhia Heroux and Ashley Knetzger.

Late last month, Heroux's mother filed a civil suit against Geske and her insurance company, Wisconsin Mutual.

It calls for an undisclosed amount of money for the wrongful death of her daughter.

The suit also calls for a judge to prohibit the insurance company from receiving any of the money Heroux could receive through a settlement.

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12Nov/080

Lawsuit filed by family of man who died after bar incident

The mother and brother of a man who died after being escorted out of a River Falls bar by bouncers have filed a wrongful death lawsuit against the business.

Joseph R. Roscoe, 43, River Falls, died Feb. 27, 2007 -- 10 days after being found unconscious in the alley behind The Library, 106 N. Main St.

The civil suit was filed in Pierce County last week by Janice Roscoe, Two Harbors, Minn., and Mark Woodard, Omaha, Neb., against bartender/manager Edward Roughton, 105 Elm St., River Falls, and The Library bar.

According to the complaint, on Feb. 17, 2007, Roscoe was a customer at The Library and "became obviously intoxicated."

According to the complaint, bouncers attempted to escort him out. The suit says they were negligent in causing or allowing Roscoe "to trip, fall or stumble multiple times, hitting his head on the floor and pavement and sustaining other serious injuries causing his death."

According to reports taken by police shortly after the incident, bouncers said Roscoe was drunk, caused a disturbance and was kicked out of the bar.

Roscoe was comatose after the incident and suffered a blood clot in his brain and a stroke after being hospitalized. He died Feb. 27 at Regions Hospital in St. Paul.

Police Chief Roger Leque said no criminal charges were filed in connection with the injury and death.

"We did an extensive and thorough investigation and referred (the results) to the Pierce County district attorney for review, but no charges were filed," Leque said Monday.

According to the civil lawsuit, Roscoe's medical expenses exceeded $200,000 and he suffered pain and emotional distress before he died.

The suit also says his family incurred costs for medical expenses for his last illness and funeral costs in excess of $50,000.

The suit alleges bar managers were negligent in hiring, training, supervising and keeping staff and negligent in maintaining the premises.

According to city records, The Library is owned by S&T River Falls LLC. S&T's president and agent is Stephanie Roughton.

Roscoe came to River Falls the summer before his death for alcohol treatment at Kinnic Falls Halfway House. He also did odd jobs in construction around town.

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8Nov/080

Wisconsin woman claims husband succumbed to mesothelioma

A Wisconsin woman has filed an asbestos Wisconsin Wrongful Death suit on behalf of her recently deceased husband against 109 defendant corporations, claiming the mesothelioma with which he was diagnosed was wrongfully caused.

Doris Piacentine claims Edward C. Piacentine was diagnosed with the disease March 16, 2007, and died from it May 23, according to a lawsuit filed Oct. 30 in Madison County Circuit Court.

Doris says her husband worked from 1953 until 1955 and in 1957 as a meat packer at Purdy's Steaks, from 1955 until 1957 as a corpsman, from 1957 until 1967 as a truck driver and station construction worker and from 1967 until 1996 as an electrical inspector for Milwaukee, according to the lawsuit.

Doris states Edward's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.

She claims his disease was caused after he was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.

Doris alleges the asbestos-related disease caused the couple to incur substantial medical costs. Edward also has experienced great physical pain and mental anguish as a result of the disease, Doris claims in the lawsuit.

Mesothelioma hindered and prevented Edward from pursuing his normal course of employment, according to the suit.

As a result, he lost large sums of money, Doris claims.

Because of Edward's death, his family has been deprived of his support and has lost his society, the suit states.

His family spent substantial amounts on funeral and burial costs, according to the complaint.

Doris has been deprived of Edward's companionship, society and services, the suit states.

In the 11-count lawsuit, Doris seeks sums in excess of $150,000, economic damages in excess of $200,000 and compensatory damages in excess of $150,000.

She also seeks punitive damages in an amount sufficient to punish Ferris Kimball Company, Sprinkmann Sons Corporation, Sprinkmann Insulation and Young Insulation Group of St. Louis for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.

She is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Alton.

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2Nov/080

Claim blames county in suicide

WISCONSIN RAPIDS -- An attorney for the family of a 28-year-old man officials say hanged himself in the Wood County jail has taken the first step to bring a lawsuit against the county.

On July 9, two days after he was sentenced to a year in jail for possession of child pornography, Richard A. Lordson used a sheet to hang himself, according to the Sheriff's Department. He died at Saint Joseph's Hospital in Marshfield the next day.

On Tuesday, Attorney David Skoglind, Skoglind Law Office of Mequon, sent Wood County a notice alleging wrongful death in Lordson's case. The notice is the first required step when planning to file a wrongful death lawsuit.

"I want to get absolute justice for Mr. Lordson and his family and his son," Skoglind said. "I don't think the limits of damages, as unfair as they are, are unfair to the county to compensate Mr. Lordson's family and child."

According to the notice, officials knew Lordson was suicidal and should have taken the proper precautions. It quotes several lines in the pre-sentencing investigation done on Lordson that indicate he had attempted suicide at least three times.

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27Oct/080

Lawsuit filed by family of man who died after bar incident

The mother and brother of a man who died after being escorted out of a River Falls bar by bouncers have filed a wrongful death lawsuit against the business.

Joseph R. Roscoe, 43, River Falls, died Feb. 27, 2007 -- 10 days after being found unconscious in the alley behind The Library, 106 N. Main St.

The civil suit was filed in Pierce County last week by Janice Roscoe, Two Harbors, Minn., and Mark Woodard, Omaha, Neb., against bartender/manager Edward Roughton, 105 Elm St., River Falls, and The Library bar.

According to the complaint, on Feb. 17, 2007, Roscoe was a customer at The Library and "became obviously intoxicated."

According to the complaint, bouncers attempted to escort him out. The suit says they were negligent in causing or allowing Roscoe "to trip, fall or stumble multiple times, hitting his head on the floor and pavement and sustaining other serious injuries causing his death."

According to reports taken by police shortly after the incident, bouncers said Roscoe was drunk, caused a disturbance and was kicked out of the bar.

Roscoe was comatose after the incident and suffered a blood clot in his brain and a stroke after being hospitalized. He died Feb. 27 at Regions Hospital in St. Paul.

Police Chief Roger Leque said no criminal charges were filed in connection with the injury and death.

"We did an extensive and thorough investigation and referred (the results) to the Pierce County district attorney for review, but no charges were filed," Leque said Monday.

According to the civil lawsuit, Roscoe's medical expenses exceeded $200,000 and he suffered pain and emotional distress before he died.

The suit also says his family incurred costs for medical expenses for his last illness and funeral costs in excess of $50,000.

The suit alleges bar managers were negligent in hiring, training, supervising and keeping staff and negligent in maintaining the premises.

According to city records, The Library is owned by S&T River Falls LLC. S&T's president and agent is Stephanie Roughton.

Roscoe came to River Falls the summer before his death for alcohol treatment at Kinnic Falls Halfway House. He also did odd jobs in construction around town.

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26Oct/080

Lawsuit filed by family of man

The mother and brother of a man who died after being escorted out of a River Falls bar by bouncers have filed a wrongful death lawsuit against the business.

Joseph R. Roscoe, 43, River Falls, died Feb. 27, 2007 — 10 days after being found unconscious in the alley behind The Library, 106 N. Main St.

The civil suit was filed in Pierce County last week by Janice Roscoe, Two Harbors, Minn., and Mark Woodard, Omaha, Neb., against bartender/manager Edward Roughton, 105 Elm St., River Falls, and The Library bar.

According to the complaint, on Feb. 17, 2007, Roscoe was a customer at The Library and “became obviously intoxicated.”

According to the complaint, bouncers attempted to escort him out. The suit says they were negligent in causing or allowing Roscoe “to trip, fall or stumble multiple times, hitting his head on the floor and pavement and sustaining other serious injuries causing his death.”

According to reports taken by police shortly after the incident, bouncers said Roscoe was drunk, caused a disturbance and was kicked out of the bar.

Roscoe was comatose after the incident and suffered a blood clot in his brain and a stroke after being hospitalized. He died Feb. 27 at Regions Hospital in St. Paul.

Police Chief Roger Leque said no criminal charges were filed in connection with the injury and death.

“We did an extensive and thorough investigation and referred (the results) to the Pierce County district attorney for review, but no charges were filed,” Leque said Monday.

According to the civil lawsuit, Roscoe’s medical expenses exceeded $200,000 and he suffered pain and emotional distress before he died.

The suit also says his family incurred costs for medical expenses for his last illness and funeral costs in excess of $50,000.

The suit alleges bar managers were negligent in hiring, training, supervising and keeping staff and negligent in maintaining the premises.

According to city records, The Library is owned by S&T River Falls LLC. S&T’s president and agent is Stephanie Roughton.

Roscoe came to River Falls the summer before his death for alcohol treatment at Kinnic Falls Halfway House. He also did odd jobs in construction around town.

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25Oct/080

Lawsuit filed in Crandon deaths

CRANDON — The parents of four of the six young people killed in a shooting rampage by an off-duty deputy have filed a wrongful death lawsuit.

The lone survivor, 21-year-old Charlie Neitzel, who is seeking compensation for the "severe and permanent injuries" he suffered, also filed suit.

The lawsuits, which were filed last week and amended Monday with a minor correction, stem from an Oct. 7, 2007, shooting. Tyler Peterson, 20, a Forest County sheriff's deputy and part-time Crandon police officer, shot and killed six people after an argument at his ex-girlfriend's home. He used a police-issued AR-15.

The claims specifically name Crandon Police Chief John Dennee, Forest County Sheriff Keith Van Cleve, as well as the city, the county and their insurance companies.

The victims' families accuse them of being negligent in their supervision of Peterson and failing to investigate complaints that he had abused suspects.

"There was a known danger in that the departments were aware of Tyler Peterson's propensity toward violence and his history of anger-control issues. Nonetheless they continued to allow him to carry a firearm and … didn't do any kind of follow up to determine this level of danger," Peg Lautenschlager, the attorney for the four families and Neitzel, told The Post-Crescent on Monday.

Lautenschlager, a former Wisconsin attorney general, represents the families of four of the six victims who were killed: Katrina McCorkle, 18; Bradley Schultz, 20; Lindsey Stahl, 14; and Lianna Thomas, 17.

The parents of victim Jordanne Murray, 18, filed notices of circumstances of claim — a necessary precursor to a civil suit — earlier this year. Their attorney, David Blau, did not return voicemail or e-mail messages Monday seeking an update on their plans.

The family of shooting victim Aaron Smith, 20, never filed notices.

Paul Payant, the attorney for Forest County, did not return a phone message. His office said he was in court all Monday afternoon.

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20Oct/080

Putting broken lives back together

Mike Piaskowski spent five and a half years behind bars for a crime he didn’t commit.

But even after a federal judge overturned the conviction in 2001 due to insufficient evidence, in many ways Piaskowski is still a prisoner of the criminal justice system that freed him.

Piaskowski was convicted in 1995 of participating with five other men in the 1992 murder of Tom Monfils, who disappeared on the job at a Green Bay paper mill. Monfils’ body was found at the bottom of a two-story vat of wood pulp with a 50-pound weight tied to his neck.

Seven years after his exoneration, Piaskowski recalls how his elation quickly evolved into frustration because of insufficient support from the state after his release.

“I lost everything I worked 46 years of my blue-collar life to achieve,” said Piaskowski, now 59. “And I have received nothing from the state. Zero.”

Like many of the 16 people who have been exonerated in Wisconsin, Piaskowski, who worked 22 years at the same mill where Monfils was killed, still is trying to find his way back to the life he knew before his conviction, with little or no guidance from the state.

Wisconsin statute qualifies people wrongfully convicted of crimes, commonly referred to as exonerees, for up to $25,000 in compensation. While the figure is more than what half of the states in the county offer, which is nothing, it ranks last among the 25 states that offer anything.

In addition, Wisconsin provides no educational, professional or emotional assistance to exonerees — measures which parolees often have available, according to John Dipko, spokesperson for the Wisconsin Department of Corrections.

While the level of service is dependent on the crime, the state often requires people on parole to seek job training or treatment for addiction.

“They are held accountable under our rules of supervision,” said Dipko. “Exonerees are no longer under our jurisdiction so we cannot do those types of things.”

Because of that fact, Piaskowski received little direction once he became a free man.

“The hardest part is not knowing what to do after you are released,” Piaskowski said. “I was happy to be free initially, but then when it finally sinks in, you ask yourself, ‘What can I do?’ and you don’t know where to turn.”

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13Oct/080

Lawsuit filed by Crandon shooting victim, parents

CRANDON, Wis. - The lone survivor and parents of four young people killed in a shooting rampage by an off-duty deputy have filed a multimillion dollar civil lawsuit accusing top law enforcement leaders of negligence.

The lawsuit filed in Forest County Circuit Court claims authorities knew Deputy Tyler Peterson, 20, had a history of violence, failed to properly supervise him, gave him too much decision-making responsibility and wrongly gave him access to weapons.

Peterson was also a part-time Crandon policeman, and the lawsuit names Crandon Police Chief John Dennee, Forest County Sheriff Keith Van Cleve and their insurance companies as defendants.

The plaintiffs include the lone survivor, Charlie Neitzel.

Peterson killed his one-time girlfriend Jordanne Murray and five others during a party at her home in Crandon on Oct. 7, 2007. Authorities have said Peterson was angered by the idea that Murray was dating someone else, and when she demanded he leave her home, he retrieved an AR-15 assault rifle he was issued as a member of the Forest County Sheriff's SWAT team, broke down the door and fired at least 30 shots.

He killed Murray, 18; Bradley Schultz, 20; Lindsey Stahl, 14; Aaron Smith, 20; Lianna Thomas, 18; and Katrina McCorkle, 18. Neitzel, 21, was shot three times but survived by playing dead.

Peterson shot himself hours later after police efforts to get him to surrender failed.

The parents of Schultz, Thomas, Stahl and McCorkle joined Neitzel in the lawsuit.

According to the lawsuit, Dennee and Van Cleve had been warned that Peterson was a "violent person and a danger," and they knew that Peterson had abused Murray.

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