North Dakota Wrongful Death Lawyer category

1Lawsuit alleges sign change contributed to fatal accident

2 August 2008

WABASHA — A wrongful death lawsuit has been filed against Wabasha County and a Lake City man accused of being responsible for a traffic crash in November that killed one man.

James Welby, 58, died Nov. 19 from injuries he suffered in a collision at Wabasha County roads 2 and 25 near Elgin.

His daughter, Jennifer Welby of Chatfield, is trustee for his next-of-kin and is named as the plaintiff in the lawsuit filed in Wabasha District Court. James Welby is also survived by a son and another daughter.

According to the civil complaint, Welby was traveling west on Wabasha County Road 25 when his car was hit by a vehicle driven by Gary Walter Blum. Blum was traveling north on County Road 2 and failed to stop at a stop sign before crashing into Welby’s vehicle.

Following the accident, Blum told authorities he was not aware of new placements of stop signs at the intersection weeks earlier. Blum was convicted Dec. 7 of a petty misdemeanor for failing to stop at the intersection and ordered to pay a $50 fine and $82 in fees.

In September, Wabasha County removed stop signs along County Road 25 and instead put stop signs along County Road 2 where there were none previously.

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2Williston doctor cleared in lawsuit

10 June 2008

Williston, N.D. (AP) A Williston doctor has been cleared in a civil defamation lawsuit filed by another doctor who assisted him in a kidney removal operation four years ago.

A jury cleared Salem Shahin of the allegations by Inder Khokha.

The patient involved in the 2004 operation later died. Her son filed a wrongful death lawsuit against the two doctors. Shahin settled out of court, but the lawsuit continued against Khokha.

Khokha alleged in his civil defamation lawsuit that Shahin gave family members of the patient who died inaccurate information about his work during the operation. The jury disagreed.

The case of the operation led to a divided state Supreme Court ruling last year that Khokha could not use North Dakota’s “good Samaritan” law to ward off the wrongful death lawsuit. Trial is set for August.

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3Scott Peterson heading to trial again in wrongful death suit

8 June 2008

Scott Peterson heading to trial again in wrongful death suit Eds: APNewsNow; RECASTS second reference to judge.

MODESTO, Calif. (AP) Convicted killer Scott Peterson will be heading to trial again over the death of his pregnant wife, this time in civil court.

The parents of Laci Peterson have filed a North Dakota wrongful death lawsuit against him, seeking a multimillion-dollar judgment.

A Stanislaus County Superior Court judge ruled Friday that Peterson would have to stand trial in the civil case. A jury found him guilty in 2003 of killing Laci Peterson and her fetus and dumping the body in San Francisco Bay on Christmas Eve 2002.

At Friday’s hearing, Peterson’s defense attorney cited in court a videotape made at San Quentin State Prison in which he maintains his innocence.

The judge stayed his ruling until June 23 to allow lawyers to appeal.

The trial is set to begin July 8.

4Williston doctor cleared in lawsuit

29 May 2008

Williston, N.D. (AP) A Williston doctor has been cleared in a civil defamation lawsuit filed by another doctor who assisted him in a kidney removal operation four years ago.

A jury cleared Salem Shahin of the allegations by Inder Khokha.

The patient involved in the 2004 operation later died. Her son filed a North Dakota wrongful death lawsuit against the two doctors. Shahin settled out of court, but the lawsuit continued against Khokha.

Khokha alleged in his civil defamation lawsuit that Shahin gave family members of the patient who died inaccurate information about his work during the operation. The jury disagreed.

The case of the operation led to a divided state Supreme Court ruling last year that Khokha could not use North Dakota’s “good Samaritan” law to ward off the wrongful death lawsuit. Trial is set for August.