Wisconsin Wrongful Death Lawyer category
1Lawsuit filed by Crandon shooting victim, parents
13 October 2008
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.
2Lawsuit rejected in case of priest who killed two
11 October 2008
A wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz.
Lenz, in an oral ruling, said it was “too remote” to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson’s suspected temper, child pornography and violent tendencies, Lenz said, “it would appear such negligence would not have brought about such harm.”
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O’Connell, 39, were shot to death Feb. 5, 2002, inside the O’Connell Family Funeral Home in Hudson.
O’Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
The murder remained unsolved for years. Erickson was removed from St. Patrick Church in Hudson, moving to Ladysmith and then Hurley, where he hanged himself outside that parish in December 2004, according to court and police records. He was 31.
St. Croix County Judge Eric Lundell ruled in October 2005 Erickson murdered both men because he was afraid O’Connell would report Erickson’s obsession with young boys, alcohol and firearms to church officials.
The Ellisons’ lawsuit was filed in St. Croix County Court. Lenz was assigned the case. The suit requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.
“We are obviously disappointed,” said attorney Richard Jasperson of St. Paul, who represented the Ellisons in the lawsuit, adding it was premature to discuss appealing the case. “We will do whatever is in the best interest of the Ellisons.”
Attorney Kyle Torvinen of Superior, who represented the diocese, said Tuesday that Lenz’s decision was appropriate and “justice was done, and we’re glad of that. It has been a long road.”
The Ellisons did not participate in a lawsuit filed by O’Connell’s relatives against all 194 U.S. Catholic bishops. That suit demanded names of predatory priests be made public.
Washburn County Judge Eugene Harrington threw that case out earlier this year, saying the Superior diocese can’t be forced to release information about how the church deals with sex abuse by its priests.
3Lawsuit rejected in case of priest who killed two
1 October 2008
By Chuck Rupnow
Leader-Telegram staff
A Wisconsin wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz. This is a case worked by a qualified Wisconsin wrongful death lawyer.
Lenz, in an oral ruling, said it was “too remote” to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson’s suspected temper, child pornography and violent tendencies, Lenz said, “it would appear such negligence would not have brought about such harm.”
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O’Connell, 39, were shot to death Feb. 5, 2002, inside the O’Connell Family Funeral Home in Hudson.
O’Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
4Lawsuit rejected in case of priest who killed two
27 September 2008
A wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz.
Lenz, in an oral ruling, said it was “too remote” to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson’s suspected temper, child pornography and violent tendencies, Lenz said, “it would appear such negligence would not have brought about such harm.”
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O’Connell, 39, were shot to death Feb. 5, 2002, inside the O’Connell Family Funeral Home in Hudson.
O’Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
The murder remained unsolved for years. Erickson was removed from St. Patrick Church in Hudson, moving to Ladysmith and then Hurley, where he hanged himself outside that parish in December 2004, according to court and police records. He was 31.
St. Croix County Judge Eric Lundell ruled in October 2005 Erickson murdered both men because he was afraid O’Connell would report Erickson’s obsession with young boys, alcohol and firearms to church officials.
The Ellisons’ lawsuit was filed in St. Croix County Court. Lenz was assigned the case. The suit requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.
“We are obviously disappointed,” said attorney Richard Jasperson of St. Paul, who represented the Ellisons in the lawsuit, adding it was premature to discuss appealing the case. “We will do whatever is in the best interest of the Ellisons.”
5Lawsuit rejected in case of priest who killed two
25 September 2008
A wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz.
Lenz, in an oral ruling, said it was “too remote” to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson’s suspected temper, child pornography and violent tendencies, Lenz said, “it would appear such negligence would not have brought about such harm.”
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O’Connell, 39, were shot to death Feb. 5, 2002, inside the O’Connell Family Funeral Home in Hudson.
O’Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
The murder remained unsolved for years. Erickson was removed from St. Patrick Church in Hudson, moving to Ladysmith and then Hurley, where he hanged himself outside that parish in December 2004, according to court and police records. He was 31.
St. Croix County Judge Eric Lundell ruled in October 2005 Erickson murdered both men because he was afraid O’Connell would report Erickson’s obsession with young boys, alcohol and firearms to church officials.
The Ellisons’ lawsuit was filed in St. Croix County Court. Lenz was assigned the case. The suit requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.
6Do we support those the justice system fails?
12 September 2008
Driving around the other day, I was listening to a news story on the radio about the lack of support exonerated inmates receive in Michigan once they are released from prison.
I was struck by the stories of several individuals who were released and left to languish, despite the fact that they had spent as much as 26 years in prison for crimes they did not commit.
The story also sparked a question in my mind – what do we do in Wisconsin?
It turns out that Wisconsin is one of 25 states that does allow for possible compensation for exonerees, according to figures from the national Innocence Project. However, the level of compensation is the lowest among the states providing compensation.
Exonerated prisoners can petition a claims board seeking $5,000 per year up to a total of $25,000. In order to receive compensation, they must prove their innocence to the board with clear and convincing evidence.
Keith Findley, who runs the Wisconsin Innocence Project, characterized compensation as “woefully inadequate.” He also said the process puts a “high burden” on the exonerated prisoner, who may not have the wherewithal to make it through the claims process.
By comparison, exonerated prisoners in Louisiana are eligible for $15,000 year for each year of wrongful incarceration. The total amount of compensation is capped at $150,000. However, their support goes beyond money, so that courts may also award: money for job training for one year, medical and counseling services for three years, tuition expenses at a community college or the state university system.
7Suit filed in death of Horicon worker dismissed
9 September 2008
A wrongful death lawsuit stemming from a 2006 incident at a Portage construction site was dismissed in Columbia County Circuit Court on Monday because of a law that prevents employees from filing lawsuits against employers in such cases.
Nickolas Schanen, 46, of Horicon, died Nov. 1, 2006, of severe head injuries after he fell through a hole on the third floor of an addition to the Appleton Papers plant under construction on West Wisconsin Street. Schanen, who was working for Gunderson Construction Co. of Portage, landed on concrete at the ground level and died at the scene.
The lawsuit for damages on behalf of his estate against Appleton Papers Inc. of Appleton was filed in November 2007 and was headed for a jury trial in early 2009 until its dismissal.
Judge James O. Miller dismissed the case “with prejudice,” which bars further claims in the matter.
Schanen’s family members received no settlement from Appleton Papers or Gunderson Construction, said Schanen’s mother, Genevieve Schanen of Beaver Dam. Workers’ compensation paid for the funeral, she said.
A spokesman for the Wisconsin Department of Workforce Development, Chris Marschman, said that state workers’ compensation law allows for payment of funeral expenses and death benefits to dependents as the exclusive remedy against an employer in such cases. Dependents can get up to four times the annual pay of the worker or $241,500, an amount set by the state.
Dependents are defined as a spouse or children.
The lawsuit filed by Schanen’s estate did not seek a specific amount in damages, according to court records, but accused Appleton Papers of negligence in providing for a safe working environment and asked for compensation for Schanen’s “fright and terror” during the fall and for the loss of companionship on behalf of his mother and his son, Joseph N. Schanen.
8Suit filed in death of Horicon worker dismissed
1 September 2008
A wrongful death lawsuit stemming from a 2006 incident at a Portage construction site was dismissed in Columbia County Circuit Court on Monday because of a law that prevents employees from filing lawsuits against employers in such cases.
Nickolas Schanen, 46, of Horicon, died Nov. 1, 2006, of severe head injuries after he fell through a hole on the third floor of an addition to the Appleton Papers plant under construction on West Wisconsin Street. Schanen, who was working for Gunderson Construction Co. of Portage, landed on concrete at the ground level and died at the scene.
The lawsuit for damages on behalf of his estate against Appleton Papers Inc. of Appleton was filed in November 2007 and was headed for a jury trial in early 2009 until its dismissal.
Judge James O. Miller dismissed the case “with prejudice,” which bars further claims in the matter.
Schanen’s family members received no settlement from Appleton Papers or Gunderson Construction, said Schanen’s mother, Genevieve Schanen of Beaver Dam. Workers’ compensation paid for the funeral, she said.
A spokesman for the Wisconsin Department of Workforce Development, Chris Marschman, said that state workers’ compensation law allows for payment of funeral expenses and death benefits to dependents as the exclusive remedy against an employer in such cases. Dependents can get up to four times the annual pay of the worker or $241,500, an amount set by the state.
9Children of slain woman sue their father
16 August 2008
The four children of Elisabeth K. Witte, whose ex-husband is charged with killing her in a downtown parking garage, filed a wrongful death lawsuit Monday against their father.
Richard E. Reilly, a lawyer representing the children and their mother’s estate, said the suit is an effort to protect their interests in the father’s estate.
The father, Gerhard Witte, 70, is accused of stalking his ex-wife and slashing her throat in the garage after she performed in a Milwaukee Symphony Chorus concert. Police found him with her body and he confessed to her killing, authorities have said.
Witte, a physician, is awaiting trial on first-degree intentional homicide charges.
10Inmate gets 4 to 7 more years
13 August 2008
WORCESTER— A jail inmate found guilty of manslaughter in the death of his cellmate three years ago was sentenced yesterday to 4 to 7 years’ imprisonment.
Dennis R. Hadley, 52, was charged with murder and assault and battery with a dangerous weapon (shod foot) in the Feb. 23, 2005, death of 42-year-old Daniel McMullen after an altercation in the cell the two men shared at the Worcester County Jail and House of Correction in West Boylston.
A 12-member Worcester Superior Court jury convicted Mr. Hadley of involuntary manslaughter Thursday in the death of Mr. McMullen and acquitted him on the charge of assault and battery with a dangerous weapon.
Judge Peter W. Agnes Jr. sentenced Mr. Hadley to 4 to 7 years in state prison yesterday. Assistant District Attorney Joseph T. Moriarty Jr. recommended a sentence of 12 to 15 years and Mr. Hadley’s lawyer, Margaret R. Guzman, proposed a sentence of time served or a 3- to 4-year prison term for her client.
Mr. McMullen, formerly of Douglas, died from complications of a ruptured spleen caused by blunt trauma, according to a medical examiner’s findings. Prosecutors alleged that Mr. Hadley, while wearing boots, kicked Mr. McMullen in the face and abdomen on the morning of Feb. 3, 2005, after an argument in their cell over a deck of playing cards.
Mr. Hadley, formerly of Rhode Island, told jail officials he pushed Mr. McMullen down after his cellmate poked him in the eye with his finger. He denied kicking Mr. McMullen.
Mr. McMullen, who was serving a sentence for a probation violation on a drunken driving charge at the time, suffered from advanced cirrhosis of the liver and an enlarged spleen, according to testimony at Mr. Hadley’s trial. He was initially treated at St. Vincent Hospital for a cut lip on the morning of the altercation and was returned to the jail. About 15 hours later, he was brought back to the hospital complaining of abdominal pain.
He was admitted at that time after diagnostic tests revealed internal bleeding from a torn spleen. Mr. McMullen developed pneumonia and an infection while hospitalized, lapsed into a coma and died.
Before imposing the 4- to 7-year sentence yesterday, Judge Agnes rejected a suggestion by James Mahoney, the victim’s brother-in-law, that Mr. McMullen’s death was attributable to “a total system failure” at the county jail. Mr. Mahoney said his family believed overcrowding and understaffing at the jail were as much, if not more, to blame for the death of their loved one than Mr. Hadley’s actions.