Original Story: cbsnews.com
SAN FRANCISCO -- The parents of a woman killed on a San Francisco pier have sued the city and two federal agencies, accusing them of contributing to her death because the man charged in the slaying was in the country illegally. A Los Angeles wrongful death lawyer is seeing if this case will set a precedence.
Kate Steinle's parents filed the wrongful death lawsuit Friday, accusing the Sheriff's Department of failing to notify federal immigration officials that it was releasing Juan Francisco Lopez-Sanchez from jail.
They also are suing Immigration and Customs Enforcement and the U.S. Bureau of Land Management. A BLM ranger reported that a gun was stolen from his car while it was parked in downtown San Francisco.
Lopez-Sanchez says he found the gun and it fired when he picked it up, striking Steinle in the back. He has pleaded not guilty to a murder charge.
Showing posts with label Wrongful Death. Show all posts
Showing posts with label Wrongful Death. Show all posts
Wednesday, June 15, 2016
Monday, September 21, 2015
$900 MILLION PENALTY FOR G.M.’S DEADLY DEFECT LEAVES MANY COLD
Original Story: nytimes.com
As the number of deaths linked to defective cars made by General Motors has steadily risen to 124, victims’ families have waited for the answer to a burning question: How will federal prosecutors hold the automaker accountable for its decade-long failure to disclose the defect? A Sydney product liability lawyer is reviewing the details of this case.
On Thursday, they got their answer, and many were disappointed.
In a settlement with prosecutors, no individual employees were charged, and the Justice Department agreed to defer prosecution of the company for three years. If G.M. adheres to the agreement, which includes independent monitoring of its safety practices, the company can have its record wiped clean.
And even though General Motors will pay a $900 million penalty, it was 25 percent less than the record $1.2 billion Toyota agreed to pay last year. A Taipei products liability attorney is following this story closely.
“I don’t understand how they can basically buy their way out of it,” said Margie Beskau, whose daughter Amy Rademaker was killed in an October 2006 crash in Wisconsin. She added, “They knew what they were doing and they kept doing it.”
At a news conference, Preet Bharara, the United States attorney for the Southern District of New York, defended the settlement. “It has been a challenging case, for the agencies, for the prosecutors and for me,” Mr. Bharara said. “We’ve had to think long and hard about the appropriate resolution in this case.”
Mr. Bharara said that the victims had been paramount in the minds of the prosecutors on the case.
“I met personally with families who lost loved ones in tragic accidents involving the switch and, I’ll tell you, those were among the most searing moments I’ve ever spent in my six-plus years as United States attorney,” he said. A Budapest product liability lawyer have experience managing a variety of products liability cases for a wide range of clients.
G.M.’s cooperation, he said, was the reason the settlement was reached after only 18 months, rather than after four years or more, as in the Toyota case.
“From the moment the top management came forward to disclose the defect in February of 2014, the company’s cooperation and remediation have been fairly extraordinary,” Mr. Bharara said, citing G.M.’s creation of a compensation fund for victims of the defect and its dismissal of 15 employees, among other factors.
“Good behavior after the fact does not absolve G.M. or any company of responsibility,” Mr. Bharara said, “but companies should be encouraged to act as G.M. did here to help the truth come out faster.”
Mr. Bharara cited an internal investigation conducted for G.M. as favorable in determining the penalties paid by the automaker.
The two law firms hired for that inquiry, King & Spalding and Jenner & Block, had previously done legal work for G.M. And court papers show that Anton R. Valukas, the chairman of Jenner & Block, who headed the G.M. investigation, helped represent the automaker in its talks with the Justice Department. A Vienna products liability lawyer provides professional legal counsel and extensive experience in many aspects of product liability law.
Mr. Valukas declined to be interviewed, and several corporate lawyers said such arrangements are not unusual because an outside law firm that conducts an investigation knows the facts of a case. But Deborah L. Rhode, a professor at Stanford Law School, said the public’s interest may suffer when a law firm wears so many different hats.
“It would be nice to know that the law firm doing the internal investigation was truly disinterested and didn’t have an interest in subsequent representation” of the same company, Ms. Rhode said.
The overall tone of the news conference was notably more subdued than the bravado that accompanied the Toyota announcement last year. At that news conference, the attorney general at the time, Eric Holder, and Transportation Secretary Anthony Foxx both attended and spoke, calling Toyota’s behavior shameful. On Thursday, neither Mr. Holder’s successor, Loretta Lynch, nor Mr. Foxx attended.
The complaint filed by prosecutors details what has become a familiar narrative in the G.M. safety crisis — employees within General Motors were aware going back more than a decade of problems with the ignition switch, which is prone to turning off, cutting the engine and disabling systems like power steering and airbags.
But prosecutors focused their attention to a relatively short period of time — only about 20 months from the spring of 2012 to February 2014, when G.M. began recalling 2.6 million older cars to fix the switch — even though the first reports of the problem had been made more than a decade earlier. As awareness of the problem grew inside the company, the automaker’s legal department was aggressively fighting back against a mounting wave of litigation, even settling lawsuits.
Mr. Bharara emphasized that individuals could still be charged, but bringing a case against employees faces higher legal hurdles than in some other industries. Two employees in particular were singled out in the complaint as playing a central role in concealing information from regulators, but they were identified only by a vague job description.
“This knowledge extended well above the ranks of investigating engineers to certain supervisors and attorneys at the company — including G.M.’s safety director and G.M.’s safety attorney,” prosecutors said in their statement of facts that accompanied the complaint.
The Justice Department and G.M. declined to comment on the identities of the safety director and safety attorney. But among those dismissed last year were Carmen Benavides, the director of product investigations, and William Kemp, a G.M. lawyer who handled safety matters. Both of their actions as described in Mr. Valukas’s internal investigation and in congressional documents match the descriptions in the complaint.
Mr. Kemp did not return a message left at his home and Ms. Benavides did not return an message left at a LinkedIn account matching her name and career description.
Lawmakers who have been persistent critics of G.M. were unpersuaded by the settlement.
“This outcome fails to require adequate and explicit admission of criminal culpability from G.M. and individual criminal actions,” said Senators Richard Blumenthal of Connecticut and Edward J. Markey of Massachusetts, both Democrats, in a joint statement. “This outcome is extremely disappointing.”
G.M. struck a tone of contrition on Thursday. In a meeting with employees at G.M.’s huge technical center north of Detroit, Mary T. Barra, the chief executive, again apologized.
“Let’s pause for a moment and remember that people were hurt and died in our cars,” Ms. Barra told about 1,000 workers gathered in an atrium at the company’s vehicle engineering center. “That’s why we are here.”
Ms. Barra had flown back overnight from the Frankfurt Auto Show to attend the town hall, and then take questions from reporters.
Her address to workers highlighted all the improvements in safety practices that G.M. has made since the company first began recalling the defective vehicles.
But she admitted that it will take more than apologies for G.M. — which went bankrupt in 2009 and needed a $49 billion government bailout to survive — to restore its reputation in the eyes of consumers.
“We accept the penalties being announced today because they are part of being accountable,” she said. “But apologies and accountability do not amount to much if you don’t change your behavior.”
Her address to employees came on a day when G.M. reached another legal milestone, setting aside $575 million to resolve the cases of about 1,380 people, all represented by Robert C. Hilliard. Mr. Hilliard, a lawyer who is among those leading the class-action cases against the automaker, said that 45 death cases were among those settled. The $575 million also includes the settlement of a shareholder suit filed by the New York State Teachers’ Retirement System.
Altogether, the private lawsuit settlements resolve more than half the outstanding private cases against G.M.
In the end, victims said they were unsatisfied by the Justice Department’s announcement.
“I don’t see how Mary Barra can sleep,” said Laura Christian, the birth mother of 16-year-old Amber Rose, who was killed in a July 2005 crash in Maryland. She said the deferred-prosecution agreement was like probation.
“We buried our loved ones because G.M. buried a deadly defect,” Ms. Christian said. “And yet today all G.M. has to do is write another check to escape. We can’t escape — every day I am missing a daughter.”
As the number of deaths linked to defective cars made by General Motors has steadily risen to 124, victims’ families have waited for the answer to a burning question: How will federal prosecutors hold the automaker accountable for its decade-long failure to disclose the defect? A Sydney product liability lawyer is reviewing the details of this case.
On Thursday, they got their answer, and many were disappointed.
In a settlement with prosecutors, no individual employees were charged, and the Justice Department agreed to defer prosecution of the company for three years. If G.M. adheres to the agreement, which includes independent monitoring of its safety practices, the company can have its record wiped clean.
And even though General Motors will pay a $900 million penalty, it was 25 percent less than the record $1.2 billion Toyota agreed to pay last year. A Taipei products liability attorney is following this story closely.
“I don’t understand how they can basically buy their way out of it,” said Margie Beskau, whose daughter Amy Rademaker was killed in an October 2006 crash in Wisconsin. She added, “They knew what they were doing and they kept doing it.”
At a news conference, Preet Bharara, the United States attorney for the Southern District of New York, defended the settlement. “It has been a challenging case, for the agencies, for the prosecutors and for me,” Mr. Bharara said. “We’ve had to think long and hard about the appropriate resolution in this case.”
Mr. Bharara said that the victims had been paramount in the minds of the prosecutors on the case.
“I met personally with families who lost loved ones in tragic accidents involving the switch and, I’ll tell you, those were among the most searing moments I’ve ever spent in my six-plus years as United States attorney,” he said. A Budapest product liability lawyer have experience managing a variety of products liability cases for a wide range of clients.
G.M.’s cooperation, he said, was the reason the settlement was reached after only 18 months, rather than after four years or more, as in the Toyota case.
“From the moment the top management came forward to disclose the defect in February of 2014, the company’s cooperation and remediation have been fairly extraordinary,” Mr. Bharara said, citing G.M.’s creation of a compensation fund for victims of the defect and its dismissal of 15 employees, among other factors.
“Good behavior after the fact does not absolve G.M. or any company of responsibility,” Mr. Bharara said, “but companies should be encouraged to act as G.M. did here to help the truth come out faster.”
Mr. Bharara cited an internal investigation conducted for G.M. as favorable in determining the penalties paid by the automaker.
The two law firms hired for that inquiry, King & Spalding and Jenner & Block, had previously done legal work for G.M. And court papers show that Anton R. Valukas, the chairman of Jenner & Block, who headed the G.M. investigation, helped represent the automaker in its talks with the Justice Department. A Vienna products liability lawyer provides professional legal counsel and extensive experience in many aspects of product liability law.
Mr. Valukas declined to be interviewed, and several corporate lawyers said such arrangements are not unusual because an outside law firm that conducts an investigation knows the facts of a case. But Deborah L. Rhode, a professor at Stanford Law School, said the public’s interest may suffer when a law firm wears so many different hats.
“It would be nice to know that the law firm doing the internal investigation was truly disinterested and didn’t have an interest in subsequent representation” of the same company, Ms. Rhode said.
The overall tone of the news conference was notably more subdued than the bravado that accompanied the Toyota announcement last year. At that news conference, the attorney general at the time, Eric Holder, and Transportation Secretary Anthony Foxx both attended and spoke, calling Toyota’s behavior shameful. On Thursday, neither Mr. Holder’s successor, Loretta Lynch, nor Mr. Foxx attended.
The complaint filed by prosecutors details what has become a familiar narrative in the G.M. safety crisis — employees within General Motors were aware going back more than a decade of problems with the ignition switch, which is prone to turning off, cutting the engine and disabling systems like power steering and airbags.
But prosecutors focused their attention to a relatively short period of time — only about 20 months from the spring of 2012 to February 2014, when G.M. began recalling 2.6 million older cars to fix the switch — even though the first reports of the problem had been made more than a decade earlier. As awareness of the problem grew inside the company, the automaker’s legal department was aggressively fighting back against a mounting wave of litigation, even settling lawsuits.
Mr. Bharara emphasized that individuals could still be charged, but bringing a case against employees faces higher legal hurdles than in some other industries. Two employees in particular were singled out in the complaint as playing a central role in concealing information from regulators, but they were identified only by a vague job description.
“This knowledge extended well above the ranks of investigating engineers to certain supervisors and attorneys at the company — including G.M.’s safety director and G.M.’s safety attorney,” prosecutors said in their statement of facts that accompanied the complaint.
The Justice Department and G.M. declined to comment on the identities of the safety director and safety attorney. But among those dismissed last year were Carmen Benavides, the director of product investigations, and William Kemp, a G.M. lawyer who handled safety matters. Both of their actions as described in Mr. Valukas’s internal investigation and in congressional documents match the descriptions in the complaint.
Mr. Kemp did not return a message left at his home and Ms. Benavides did not return an message left at a LinkedIn account matching her name and career description.
Lawmakers who have been persistent critics of G.M. were unpersuaded by the settlement.
“This outcome fails to require adequate and explicit admission of criminal culpability from G.M. and individual criminal actions,” said Senators Richard Blumenthal of Connecticut and Edward J. Markey of Massachusetts, both Democrats, in a joint statement. “This outcome is extremely disappointing.”
G.M. struck a tone of contrition on Thursday. In a meeting with employees at G.M.’s huge technical center north of Detroit, Mary T. Barra, the chief executive, again apologized.
“Let’s pause for a moment and remember that people were hurt and died in our cars,” Ms. Barra told about 1,000 workers gathered in an atrium at the company’s vehicle engineering center. “That’s why we are here.”
Ms. Barra had flown back overnight from the Frankfurt Auto Show to attend the town hall, and then take questions from reporters.
Her address to workers highlighted all the improvements in safety practices that G.M. has made since the company first began recalling the defective vehicles.
But she admitted that it will take more than apologies for G.M. — which went bankrupt in 2009 and needed a $49 billion government bailout to survive — to restore its reputation in the eyes of consumers.
“We accept the penalties being announced today because they are part of being accountable,” she said. “But apologies and accountability do not amount to much if you don’t change your behavior.”
Her address to employees came on a day when G.M. reached another legal milestone, setting aside $575 million to resolve the cases of about 1,380 people, all represented by Robert C. Hilliard. Mr. Hilliard, a lawyer who is among those leading the class-action cases against the automaker, said that 45 death cases were among those settled. The $575 million also includes the settlement of a shareholder suit filed by the New York State Teachers’ Retirement System.
Altogether, the private lawsuit settlements resolve more than half the outstanding private cases against G.M.
In the end, victims said they were unsatisfied by the Justice Department’s announcement.
“I don’t see how Mary Barra can sleep,” said Laura Christian, the birth mother of 16-year-old Amber Rose, who was killed in a July 2005 crash in Maryland. She said the deferred-prosecution agreement was like probation.
“We buried our loved ones because G.M. buried a deadly defect,” Ms. Christian said. “And yet today all G.M. has to do is write another check to escape. We can’t escape — every day I am missing a daughter.”
Monday, June 15, 2015
APOLOGETIC WAFER SENTENCED TO AT LEAST 17 YEARS IN RENISHA MCBRIDE SHOOTING
Original Story: freep.com
The judge who handed down Theodore Wafer’s sentence today told him she’s certain he is remorseful and regrets his actions.
And if he wasn’t going to prison, Wayne County Circuit Judge Dana Hathaway said she’s confident the 55-year-old Dearborn Heights man would never commit another crime during his life. A Grand Rapids wrongful death attorney is following this story closely.
But none of that excuses what happened in the case, she said.
Then Hathaway sentenced Wafer to at least 17 years in prison for the death of Renisha McBride, who he fatally shot on the porch of his home about 4:30 a.m. Nov. 2.
“This is one of the saddest cases I have ever had,” Hathaway said. “A young woman’s life is gone and an otherwise law-abiding citizen’s life is ruined.”
A jury convicted Wafer of second-degree murder, manslaughter and using a firearm in a felony last month, rejecting the claim that Wafer shot in self-defense. A Detroit wrongful death attorney represents clients involved in wrongful death and negligent accident cases.
Before he was sentenced today, Wafer apologized to McBride’s family and friends.
“I only wish that I could take this horrible tragedy back,” he said, speaking slowly.
Wafer, who has been diagnosed with post-traumatic stress disorder according to a court document, said he’ll carry guilt and sorrow forever.
“I am truly sorry for your loss,” he said. “I can only hope and pray that somehow you can forgive me.”
McBride’s sister, Jasmine McBride, 23, asked for the maximum sentence when she spoke during the sentencing and said Wafer’s actions have impacted a lot of people.
“Somewhere down the line in life, I have to forgive you in order to be accepted into heaven myself,” she said. “But I will never forget the pain, the hurt, the heartache or the devastation you caused.”
Wafer’s lawyer, Cheryl Carpenter, said the case will be appealed. She asked Hathaway to sentence Wafer within the manslaughter guidelines and said her client took responsibility and deserves a chance to get out of prison one day.
“This wasn’t planned,” she said. “He didn’t go out looking for this. It came to him.”
But Assistant Wayne County Prosecutor Athina Siringas argued that Wafer’s testimony has been about trying to protect himself and not accepting responsibility. A Charlotte wrongful death lawyer offers a wide range of experience and knowledge that extends to nearly every area of wrongful death law.
“The jury has spoken, and they have said that his actions amount to murder in the second degree,” she said. “Murder, not manslaughter. And we ask the court to sentence him accordingly.”
Hathaway did not depart from the guidelines and sentenced Wafer to 15-30 years for second-degree murder, 7-15 years for manslaughter, which will be served at the same time as the murder conviction, and 2 years for felony firearm.
“I fully recognize that you did not bring these circumstances to your doorstep. They arrived there,” Hathaway said to Wafer. “But once they did, you made choices that brought us here today.”
She said she doesn’t believe Wafer, who did building maintenance at Detroit Metro Airport, is a cold-blooded murderer or that the case had anything to do with race.
“Although the evidence clearly showed in this case that Ms. McBride made some terrible choices that night, none of them justified taking her life,” she said.
McBride had been smoking marijuana and drinking vodka with a friend, according to testimony during the trial. She hit a parked car not far from Wafer's home just before 1 a.m. Nov. 2. Her whereabouts between the accident and when she ended up on Wafer's porch are unknown.
Wafer, who said he couldn’t find his cell phone and had no land line, testified that he heard banging on his doors, grabbed a baseball bat, then his shotgun, opened the front door because he thought someone was going to come inside and fired in self-defense.
But when police arrived, Wafer said he didn't know the gun was loaded.
Prosecutors argued during the trial that Wafer was angry, wanted a confrontation, went to the door to scare away neighborhood kids with his gun, shot through a locked screen door and killed the unarmed teen.
Hathaway said she believes that he “acted out of some fear but mainly anger and panic.”
As McBride’s father, Walter Simmons, walked out of the courtroom, he told the Free Press that Wafer “got what he deserved” and said he does not accept Wafer’s apology.
Wafer’s lawyer thought the sentence was too harsh.
“Seventeen years for a man who’s 55 and about to go to prison is a death sentence,” Carpenter said after the hearing.
The judge who handed down Theodore Wafer’s sentence today told him she’s certain he is remorseful and regrets his actions.
And if he wasn’t going to prison, Wayne County Circuit Judge Dana Hathaway said she’s confident the 55-year-old Dearborn Heights man would never commit another crime during his life. A Grand Rapids wrongful death attorney is following this story closely.
But none of that excuses what happened in the case, she said.
Then Hathaway sentenced Wafer to at least 17 years in prison for the death of Renisha McBride, who he fatally shot on the porch of his home about 4:30 a.m. Nov. 2.
“This is one of the saddest cases I have ever had,” Hathaway said. “A young woman’s life is gone and an otherwise law-abiding citizen’s life is ruined.”
A jury convicted Wafer of second-degree murder, manslaughter and using a firearm in a felony last month, rejecting the claim that Wafer shot in self-defense. A Detroit wrongful death attorney represents clients involved in wrongful death and negligent accident cases.
Before he was sentenced today, Wafer apologized to McBride’s family and friends.
“I only wish that I could take this horrible tragedy back,” he said, speaking slowly.
Wafer, who has been diagnosed with post-traumatic stress disorder according to a court document, said he’ll carry guilt and sorrow forever.
“I am truly sorry for your loss,” he said. “I can only hope and pray that somehow you can forgive me.”
McBride’s sister, Jasmine McBride, 23, asked for the maximum sentence when she spoke during the sentencing and said Wafer’s actions have impacted a lot of people.
“Somewhere down the line in life, I have to forgive you in order to be accepted into heaven myself,” she said. “But I will never forget the pain, the hurt, the heartache or the devastation you caused.”
Wafer’s lawyer, Cheryl Carpenter, said the case will be appealed. She asked Hathaway to sentence Wafer within the manslaughter guidelines and said her client took responsibility and deserves a chance to get out of prison one day.
“This wasn’t planned,” she said. “He didn’t go out looking for this. It came to him.”
But Assistant Wayne County Prosecutor Athina Siringas argued that Wafer’s testimony has been about trying to protect himself and not accepting responsibility. A Charlotte wrongful death lawyer offers a wide range of experience and knowledge that extends to nearly every area of wrongful death law.
“The jury has spoken, and they have said that his actions amount to murder in the second degree,” she said. “Murder, not manslaughter. And we ask the court to sentence him accordingly.”
Hathaway did not depart from the guidelines and sentenced Wafer to 15-30 years for second-degree murder, 7-15 years for manslaughter, which will be served at the same time as the murder conviction, and 2 years for felony firearm.
“I fully recognize that you did not bring these circumstances to your doorstep. They arrived there,” Hathaway said to Wafer. “But once they did, you made choices that brought us here today.”
She said she doesn’t believe Wafer, who did building maintenance at Detroit Metro Airport, is a cold-blooded murderer or that the case had anything to do with race.
“Although the evidence clearly showed in this case that Ms. McBride made some terrible choices that night, none of them justified taking her life,” she said.
McBride had been smoking marijuana and drinking vodka with a friend, according to testimony during the trial. She hit a parked car not far from Wafer's home just before 1 a.m. Nov. 2. Her whereabouts between the accident and when she ended up on Wafer's porch are unknown.
Wafer, who said he couldn’t find his cell phone and had no land line, testified that he heard banging on his doors, grabbed a baseball bat, then his shotgun, opened the front door because he thought someone was going to come inside and fired in self-defense.
But when police arrived, Wafer said he didn't know the gun was loaded.
Prosecutors argued during the trial that Wafer was angry, wanted a confrontation, went to the door to scare away neighborhood kids with his gun, shot through a locked screen door and killed the unarmed teen.
Hathaway said she believes that he “acted out of some fear but mainly anger and panic.”
As McBride’s father, Walter Simmons, walked out of the courtroom, he told the Free Press that Wafer “got what he deserved” and said he does not accept Wafer’s apology.
Wafer’s lawyer thought the sentence was too harsh.
“Seventeen years for a man who’s 55 and about to go to prison is a death sentence,” Carpenter said after the hearing.
GUNMAN TO PAY FAMILY IN DEARBORN HEIGHTS PORCH SHOOTING
Original Story: freep.com
A civil settlement was reached Friday in the shooting death of Renisha McBride in Dearborn Heights, a case that generated national attention as a racially-charged killing. A Grand Rapids wrongful death attorney is following this story closely.
Wayne County Circuit Judge Daniel Hathaway approved the settlement, which arose from a wrongful death lawsuit brought by the family of McBride, a 19-year-old African-American woman shot by Theodore Wafer, a 55-year-old white man, on his porch on Nov. 2, 2013. Wafer was convicted of second-degree murder in her shooting and is currently serving a sentence of least 17 years.
The amount of the settlement between the attorneys for McBride and Wafer was kept confidential, said the McBride family's attorney, Gerald Thurswell. Thurswell represented McBride's mother, Monica McBride, and her father, Walter Ray Simmons, who appeared in court Friday. A San Francisco wrongful death lawyer represents clients in wrongful death cases and negligent accident claims.
Because of the confidentiality agreement, Thurswell wouldn't say how much Wafer has to pay the parents of McBride.
"The bottom line is that...no amount of money can ever compensate the family for the loss that they suffered each and every day, each and every minute," Thurswell said. "They lost their daughter. The sister lost a sister." A Detroit wrongful death attorney is reviewing the details of this case.
Under the influence of alcohol and marijuana, McBride got into a car accident a few hours before she was killed at about 4:30 a.m. She knocked on the door of Wafer's home, apparently seeking help. Wafer thought she was a potential intruder, and said he fired to protect himself.
Her death generated widespread attention, with some comparing it to the case of Trayvon Martin, an African-American teen shot dead in Florida in 2012. Activists said McBride was a victim of racial profiling that stereotypes African Americans and held protests calling for charges to be brought against the shooter. An Indiana wrongful death lawyer represents families who have lost a loved one due to the negligence of another party.
A civil settlement was reached Friday in the shooting death of Renisha McBride in Dearborn Heights, a case that generated national attention as a racially-charged killing. A Grand Rapids wrongful death attorney is following this story closely.
Wayne County Circuit Judge Daniel Hathaway approved the settlement, which arose from a wrongful death lawsuit brought by the family of McBride, a 19-year-old African-American woman shot by Theodore Wafer, a 55-year-old white man, on his porch on Nov. 2, 2013. Wafer was convicted of second-degree murder in her shooting and is currently serving a sentence of least 17 years.
The amount of the settlement between the attorneys for McBride and Wafer was kept confidential, said the McBride family's attorney, Gerald Thurswell. Thurswell represented McBride's mother, Monica McBride, and her father, Walter Ray Simmons, who appeared in court Friday. A San Francisco wrongful death lawyer represents clients in wrongful death cases and negligent accident claims.
Because of the confidentiality agreement, Thurswell wouldn't say how much Wafer has to pay the parents of McBride.
"The bottom line is that...no amount of money can ever compensate the family for the loss that they suffered each and every day, each and every minute," Thurswell said. "They lost their daughter. The sister lost a sister." A Detroit wrongful death attorney is reviewing the details of this case.
Under the influence of alcohol and marijuana, McBride got into a car accident a few hours before she was killed at about 4:30 a.m. She knocked on the door of Wafer's home, apparently seeking help. Wafer thought she was a potential intruder, and said he fired to protect himself.
Her death generated widespread attention, with some comparing it to the case of Trayvon Martin, an African-American teen shot dead in Florida in 2012. Activists said McBride was a victim of racial profiling that stereotypes African Americans and held protests calling for charges to be brought against the shooter. An Indiana wrongful death lawyer represents families who have lost a loved one due to the negligence of another party.
Friday, September 5, 2014
ATTORNEY FIEGER TO SUE OVER DEATH OF MENARDS SHOPPER STRUCK BY TILES
Original Story: Freep.com
Attorney Geoffrey Fieger says he will file two lawsuits Thursday against Menards on behalf of the family of a Clinton Township man killed by a pallet of tiles that fell on him from a shelf at the retailer’s Chesterfield Township store.
Fieger said today that he plans to file a wrongful death lawsuit and another complaint alleging infliction of emotional distress on the wife of Richard Colletti, 38, who died after he was struck in the head by the tiles while shopping at the Menards store on Saturday.
Colletti’s wife, Cindy, was with her husband when he was hit and “witnessed her husband’s injury and death,” Fieger said. She was not injured, Chesterfield Township police said.
■ Related: No charges expected in accidental death at Chesterfield Twp. Menards
■ Related: Menards shopper dies after pallet of ceramic tiles falls, hits him on head
The lawsuits are expected to be filed in Macomb County Circuit Court. A filing was made today in Macomb County Probate Court regarding the matter.
When asked how much the lawsuits are to seek in damages, Fieger told a Free Press reporter, “There’s not enough zeros on your typewriter.”
Fieger said he heard about the incident while vacationing with his family in Montana. He said he is not waiting to file the lawsuits because he doesn’t want evidence, such as surveillance tapes, to disappear or be taped over.
Police on Tuesday said no criminal charges are expected to be filed in the death of Colletti, who has a 5-year-old son. Sgt. Deron Myers said police presented their case today to the Macomb County Prosecutor’s Office for review.
Colletti was with his wife when he apparently took a direct hit to his head from what was believed to be ceramic 12-by-12 tiles, Lt. Bradley Kersten said Tuesday. He said there were 10 to 15 boxes along with other material to tile floors, weighing a total of 400 to 500 pounds, that fell 12 to 15 feet.
The couple was walking down the aisle when the incident happened.
Kersten said that about 15 to 20 minutes earlier, employees were placing pallets of materials and goods up on the storage racks using a forklift. That part of the aisle was open to the public when Colletti and his wife came through, Kersten said, and employees had moved to another area.
Messages were left Tuesday and today with Menards’ corporate office. Kersten said store employees and management have cooperated with police.
The Michigan Occupational Safety and Health Administration is not investigating the death because Colletti was a customer, and MIOSHA regulations apply to employer/employee relationships in a workplace, not to customers who are injured in a workplace, spokeswoman Andrea Miller had said.
The funeral for Colletti, who would have turned 39 on Friday, is 10 a.m. Friday at Kaul Funeral Home, 35201 Garfield, Clinton Township. Visitation is 2-8 p.m. Thursday at the funeral home.
Attorney Geoffrey Fieger says he will file two lawsuits Thursday against Menards on behalf of the family of a Clinton Township man killed by a pallet of tiles that fell on him from a shelf at the retailer’s Chesterfield Township store.
Fieger said today that he plans to file a wrongful death lawsuit and another complaint alleging infliction of emotional distress on the wife of Richard Colletti, 38, who died after he was struck in the head by the tiles while shopping at the Menards store on Saturday.
Colletti’s wife, Cindy, was with her husband when he was hit and “witnessed her husband’s injury and death,” Fieger said. She was not injured, Chesterfield Township police said.
■ Related: No charges expected in accidental death at Chesterfield Twp. Menards
■ Related: Menards shopper dies after pallet of ceramic tiles falls, hits him on head
The lawsuits are expected to be filed in Macomb County Circuit Court. A filing was made today in Macomb County Probate Court regarding the matter.
When asked how much the lawsuits are to seek in damages, Fieger told a Free Press reporter, “There’s not enough zeros on your typewriter.”
Fieger said he heard about the incident while vacationing with his family in Montana. He said he is not waiting to file the lawsuits because he doesn’t want evidence, such as surveillance tapes, to disappear or be taped over.
Police on Tuesday said no criminal charges are expected to be filed in the death of Colletti, who has a 5-year-old son. Sgt. Deron Myers said police presented their case today to the Macomb County Prosecutor’s Office for review.
Colletti was with his wife when he apparently took a direct hit to his head from what was believed to be ceramic 12-by-12 tiles, Lt. Bradley Kersten said Tuesday. He said there were 10 to 15 boxes along with other material to tile floors, weighing a total of 400 to 500 pounds, that fell 12 to 15 feet.
The couple was walking down the aisle when the incident happened.
Kersten said that about 15 to 20 minutes earlier, employees were placing pallets of materials and goods up on the storage racks using a forklift. That part of the aisle was open to the public when Colletti and his wife came through, Kersten said, and employees had moved to another area.
Messages were left Tuesday and today with Menards’ corporate office. Kersten said store employees and management have cooperated with police.
The Michigan Occupational Safety and Health Administration is not investigating the death because Colletti was a customer, and MIOSHA regulations apply to employer/employee relationships in a workplace, not to customers who are injured in a workplace, spokeswoman Andrea Miller had said.
The funeral for Colletti, who would have turned 39 on Friday, is 10 a.m. Friday at Kaul Funeral Home, 35201 Garfield, Clinton Township. Visitation is 2-8 p.m. Thursday at the funeral home.
Tuesday, April 1, 2014
Graco Adds 403,000 Child Seats To Recall
DETROIT (AP) — Graco Children's Products has added more than 403,000 child seats to last month's recall of 3.8 million to replace faulty harness buckles.
But the added seats won't end a dispute with the U.S. government's road safety watchdog. The National Highway Traffic Safety Administration still wants Graco to add 1.8 million infant seats to the recall because they have the same buckles.
Buckles can get gummed up by food and drinks, making it difficult to remove children. In some cases parents have had to cut harnesses to get their children out. The agency says the problem increases the risk of injuries in emergencies. A Charlotte Wrongful Death Lawyer said this is a serious problem.
Graco said in a letter to the agency that it found additional toddler and harnessed booster seats that should be recalled.
The 403,222 seats added to the recall include 2006 through 2014 Argos 70 Elite, Ready Ride, Step 2, My Ride 65 with Safety Surround, My Size 70, Head Wise 70 with Safety Surround, Nautilus 3-in-1, Nautilus Plus, and Smart Seat with Safety Surround, according to NHTSA documents.
In its letter to NHTSA, Graco said it didn't include the infant seats because they are used differently than the toddler seats, and because in an emergency, an adult can remove the whole seat from the car rather than unlatch the buckle.
"Graco looks forward to further discussions with the agency to resolve any remaining issues relating to those additional car seats," the letter said.
Atlanta-based Graco, a division of Newell Rubbermaid, has until March 20 to explain why last month's recall didn't include infant seats.
A NHTSA spokesman wouldn't comment and referred a reporter to the agency's previous statements about why seven rear-facing infant seat models should be recalled. A Miami Product Liability Lawyer said the company should be providing more information.
The recall, now at 4.2 million, is the fourth-largest child seat recall in American history. If the infant seats are added, it would be the largest such recall.
But the added seats won't end a dispute with the U.S. government's road safety watchdog. The National Highway Traffic Safety Administration still wants Graco to add 1.8 million infant seats to the recall because they have the same buckles.
Buckles can get gummed up by food and drinks, making it difficult to remove children. In some cases parents have had to cut harnesses to get their children out. The agency says the problem increases the risk of injuries in emergencies. A Charlotte Wrongful Death Lawyer said this is a serious problem.
Graco said in a letter to the agency that it found additional toddler and harnessed booster seats that should be recalled.
The 403,222 seats added to the recall include 2006 through 2014 Argos 70 Elite, Ready Ride, Step 2, My Ride 65 with Safety Surround, My Size 70, Head Wise 70 with Safety Surround, Nautilus 3-in-1, Nautilus Plus, and Smart Seat with Safety Surround, according to NHTSA documents.
In its letter to NHTSA, Graco said it didn't include the infant seats because they are used differently than the toddler seats, and because in an emergency, an adult can remove the whole seat from the car rather than unlatch the buckle.
"Graco looks forward to further discussions with the agency to resolve any remaining issues relating to those additional car seats," the letter said.
Atlanta-based Graco, a division of Newell Rubbermaid, has until March 20 to explain why last month's recall didn't include infant seats.
A NHTSA spokesman wouldn't comment and referred a reporter to the agency's previous statements about why seven rear-facing infant seat models should be recalled. A Miami Product Liability Lawyer said the company should be providing more information.
The recall, now at 4.2 million, is the fourth-largest child seat recall in American history. If the infant seats are added, it would be the largest such recall.
Thursday, April 19, 2012
Wrongful Death Suit Filed in Filling Station Shooting
Story first appeared in the Detroit Free Press.
The mother of a Detroit man who was shot in the back last month, reportedly by a gas station attendant during a dispute over the price of condoms, has sued the station, its petroleum supplier and the hospital where the man was treated before he died.
The Geoffrey Fieger law firm filed the lawsuit Monday in Wayne County Circuit Court on behalf of the mother of the deceased young man. A Detroit Personal Injury Lawyer is handling the case.
The wrongful death and negligence suit said station attendant shot the unarmed man without provocation at the BP station on Fenkell near Meyers about 12:45 a.m. March 10 after he knocked over a product display on his way out of the station.
The suit said the young man's two companions took him to Sinai-Grace Hospital, where security guards assaulted and detained them rather than getting medical help.
There was no immediate comment from the station owner, Skyline Petro. A spokesman for the petroleum supplier, BP America, said the company couldn't comment on pending litigation. The hospital said it doesn't comment on pending litigation, either, but a spokesperson previously said the young man received prompt medical attention and security guards acted appropriately.
The shooter is in custody on first-degree murder and firearms charges pending a preliminary examination Tuesday at 36th District Court in Detroit. The murder charge carries a mandatory penalty of life in prison without parole upon conviction.
For more law related news, visit the Nation of Law blog.
For national and worldwide related business news, visit the Peak News Room blog.
For local and Michigan business related news, visit the Michigan Business News blog.
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The mother of a Detroit man who was shot in the back last month, reportedly by a gas station attendant during a dispute over the price of condoms, has sued the station, its petroleum supplier and the hospital where the man was treated before he died.
The Geoffrey Fieger law firm filed the lawsuit Monday in Wayne County Circuit Court on behalf of the mother of the deceased young man. A Detroit Personal Injury Lawyer is handling the case.
The wrongful death and negligence suit said station attendant shot the unarmed man without provocation at the BP station on Fenkell near Meyers about 12:45 a.m. March 10 after he knocked over a product display on his way out of the station.
The suit said the young man's two companions took him to Sinai-Grace Hospital, where security guards assaulted and detained them rather than getting medical help.
There was no immediate comment from the station owner, Skyline Petro. A spokesman for the petroleum supplier, BP America, said the company couldn't comment on pending litigation. The hospital said it doesn't comment on pending litigation, either, but a spokesperson previously said the young man received prompt medical attention and security guards acted appropriately.
The shooter is in custody on first-degree murder and firearms charges pending a preliminary examination Tuesday at 36th District Court in Detroit. The murder charge carries a mandatory penalty of life in prison without parole upon conviction.
For more law related news, visit the Nation of Law blog.
For national and worldwide related business news, visit the Peak News Room blog.
For local and Michigan business related news, visit the Michigan Business News blog.
For healthcare and medical related news, visit the Healthcare and Medical blog.
For real estate and home related news, visit the Commercial and Residential Real Estate blog.
For technology and electronics related news, visit the Electronics America blog.
For organic SEO and web optimization related news, visit the SEO Done Right blog.
Tuesday, April 17, 2012
Minor Responsible for Nine Immigrants Dead
Story first appeared in USA Today.
PALMVIEW, Texas (AP) – A 15-year-old South Texas boy has been charged with nine counts of murder among other charges after a van he was driving crashed, killing nine of the suspected illegal immigrants packed inside.
The boy, who is not being identified because he is a juvenile, appeared at a probable cause hearing Monday. He was also charged with 17 counts of smuggling a person and causing serious bodily harm including death, and one count of evading.
The boy told investigators he drove the van because his family had been threatened. The Palmview police department is trying to decide whether the boy should be tried as an adult in this case. A Houston Personal Injury Lawyer could potentially be involved on behalf of the families of the dead.
The nine killed in the rollover crash last Tuesday were all Mexican citizens, the ground around the van was scattered with bodies.
The boy, a U.S. citizen from Hidalgo County, has cooperated with police since his arrest at home Thursday night. He said the boy told them he had not done this before, but he did have a previous record.
Border Patrol agents had stopped the van in Palmview, 10 miles west of McAllen, when officials said some of the passengers immediately sprinted away and agents pursued them on foot, catching one. As the foot chase unfolded, the van sped off.
The agents came across the wreck three or four blocks away on U.S. 83. The scene was strewn with backpacks and water bottles, Border Patrol said.
ICE's investigation led to the discovery of a stash house where a dozen illegal immigrants were located. At least four of the six crash survivors were detained as material witnesses.
The teen was arrested along with six others who allegedly acted as caretakers at the stash house.
According to a complaint filed last week, two other suspects admitted after their arrests to participating in the smuggling of the illegal immigrants involved in the crash and those in the stash house. One said he was offered $40 per passenger to drive the van, but refused and instead put the 15-year-old in contact with the organization, the complaint says.
For more law related news, visit the Nation of Law blog.
For national and worldwide related business news, visit the Peak News Room blog.
For local and Michigan business related news, visit the Michigan Business News blog.
For healthcare and medical related news, visit the Healthcare and Medical blog.
For real estate and home related news, visit the Commercial and Residential Real Estate blog.
For technology and electronics related news, visit the Electronics America blog.
For organic SEO and web optimization related news, visit the SEO Done Right blog.
PALMVIEW, Texas (AP) – A 15-year-old South Texas boy has been charged with nine counts of murder among other charges after a van he was driving crashed, killing nine of the suspected illegal immigrants packed inside.
The boy, who is not being identified because he is a juvenile, appeared at a probable cause hearing Monday. He was also charged with 17 counts of smuggling a person and causing serious bodily harm including death, and one count of evading.
The boy told investigators he drove the van because his family had been threatened. The Palmview police department is trying to decide whether the boy should be tried as an adult in this case. A Houston Personal Injury Lawyer could potentially be involved on behalf of the families of the dead.
The nine killed in the rollover crash last Tuesday were all Mexican citizens, the ground around the van was scattered with bodies.
The boy, a U.S. citizen from Hidalgo County, has cooperated with police since his arrest at home Thursday night. He said the boy told them he had not done this before, but he did have a previous record.
Border Patrol agents had stopped the van in Palmview, 10 miles west of McAllen, when officials said some of the passengers immediately sprinted away and agents pursued them on foot, catching one. As the foot chase unfolded, the van sped off.
The agents came across the wreck three or four blocks away on U.S. 83. The scene was strewn with backpacks and water bottles, Border Patrol said.
ICE's investigation led to the discovery of a stash house where a dozen illegal immigrants were located. At least four of the six crash survivors were detained as material witnesses.
The teen was arrested along with six others who allegedly acted as caretakers at the stash house.
According to a complaint filed last week, two other suspects admitted after their arrests to participating in the smuggling of the illegal immigrants involved in the crash and those in the stash house. One said he was offered $40 per passenger to drive the van, but refused and instead put the 15-year-old in contact with the organization, the complaint says.
For more law related news, visit the Nation of Law blog.
For national and worldwide related business news, visit the Peak News Room blog.
For local and Michigan business related news, visit the Michigan Business News blog.
For healthcare and medical related news, visit the Healthcare and Medical blog.
For real estate and home related news, visit the Commercial and Residential Real Estate blog.
For technology and electronics related news, visit the Electronics America blog.
For organic SEO and web optimization related news, visit the SEO Done Right blog.
Friday, July 1, 2011
THE FATAL MINE EXPLOSION IN WEST VIRGINIA COULD HAVE BEEN PREVENTED
Massey Energy Co. could have prevented the West Virginia mine explosion that killed 29 workers last year and the company failed to disclose some hazards in reports it provided to government inspectors, federal safety officials said Wednesday.
The U.S. Labor Department's top lawyer, said not recording hazards where required was a potential criminal violation of the Mine Act and they have notified the U.S. attorney of that.
The Justice Department's probe of the accident is continuing, it said recently. Its investigation has so far resulted in a criminal indictment against the former head of safety at the Upper Big Branch mine for allegedly attempting to destroy evidence. He has pleaded not guilty.
The April 2010 explosion at Massey's Upper Big Branch mine in Montcoal, W.Va., was the worst U.S. coal-mining disaster in 40 years. It resulted in several wrongful death lawsuits against Massey and led to the resignation of the company's chief executive and the sale of Massey.
At a briefing Wednesday in Beaver, W.Va., a coal administrator for mine safety and health at the Mine Safety and Health Administration, said they found there to be two sets of books kept by Massey.
Onshift reports, written by Massey miners, are for recording any hazardous conditions and gas levels at mines. These reports, co-signed by mine management, are shown to government inspectors. The others were production reports detailing coal output and any reasons for production delays, including safety issues, also written by Massey employees. MSHA didn't say if the two sets of reports were written by the same workers.
Three examples were citied in which on shift reports didn't include hazards noted in production reports. One production report noted hazards such as low air flow that didn't appear in an onshift report shown to government inspectors.
Federal law requires a mine employee to conduct an on-shift examination in each area where miners are working at least once a shift to check for hazardous conditions, test for methane and oxygen and determine if airflow is adequate. All hazards are required to be included in onshift reports for government inspectors.
Federal investigators concluded that the explosion occurred because broken water sprays on a cutting machine failed to put out an initial spark that ignited methane gas and triggered a coal-dust explosion. A gas detector that should have tested for potentially explosive methane hadn't been turned on since March 18, 2010, more than two weeks before the explosion.
A crack in the mine's floor that Massey had identified as the source of the inundation of methane was too shallow and not connected to a potential gas source below. Moreover, gas readings before the accident and just after it showed methane levels far lower than would have been expected with an inundation.
Alpha bought Massey this month for $7.1 billion. An Alpha spokesman said Alpha is hearing this information from MSHA at the same time everyone else is, and they will look at this claim [regarding the two sets of records] as well as all information that's available to them as they conduct their own review into what took place at Massey's Upper Big Branch mine in April 2010. He also said Alpha's review is in its early stages and that the company is starting to assemble specialists. The full MSHA report, when it's made available, will be part of what their team will closely review.
Massey completed a 102-page report, which was released by after the company was sold, saying the explosion was caused by an inundation of natural gas, a naturally occurring event beyond its control.
Massey's report said water sprays functioned adequately. This report didn't address book-keeping practices.
Alpha previously criticized the release of the Massey probe report, calling it unauthorized.
An independent report released in May by the top mine regulator in the Clinton administration, found Massey operated the mine in a profoundly reckless manner and was largely to blame for an explosion. At the time, Massey said it disagreed with his conclusion that the explosion was fueled by coal dust, and said they believed the explosion was caused by a massive inundation of methane-rich natural gas.
MSHA and Massey officials have clashed repeatedly since the accident over various reports regarding levels of highly explosive methane gas and combustible coal dust within the mine. Nongovernment safety experts said the government's findings, which put most responsibility for the accident on mine management, could have a bearing on wrongful-death lawsuits stemming from the blast.
A Beckley, W.Va., lawyer representing two families, who filed wrongful-death lawsuits, said about five such suits have been settled and more than 10 were still pending.
The U.S. Labor Department's top lawyer, said not recording hazards where required was a potential criminal violation of the Mine Act and they have notified the U.S. attorney of that.
The Justice Department's probe of the accident is continuing, it said recently. Its investigation has so far resulted in a criminal indictment against the former head of safety at the Upper Big Branch mine for allegedly attempting to destroy evidence. He has pleaded not guilty.
The April 2010 explosion at Massey's Upper Big Branch mine in Montcoal, W.Va., was the worst U.S. coal-mining disaster in 40 years. It resulted in several wrongful death lawsuits against Massey and led to the resignation of the company's chief executive and the sale of Massey.
At a briefing Wednesday in Beaver, W.Va., a coal administrator for mine safety and health at the Mine Safety and Health Administration, said they found there to be two sets of books kept by Massey.
Onshift reports, written by Massey miners, are for recording any hazardous conditions and gas levels at mines. These reports, co-signed by mine management, are shown to government inspectors. The others were production reports detailing coal output and any reasons for production delays, including safety issues, also written by Massey employees. MSHA didn't say if the two sets of reports were written by the same workers.
Three examples were citied in which on shift reports didn't include hazards noted in production reports. One production report noted hazards such as low air flow that didn't appear in an onshift report shown to government inspectors.
Federal law requires a mine employee to conduct an on-shift examination in each area where miners are working at least once a shift to check for hazardous conditions, test for methane and oxygen and determine if airflow is adequate. All hazards are required to be included in onshift reports for government inspectors.
Federal investigators concluded that the explosion occurred because broken water sprays on a cutting machine failed to put out an initial spark that ignited methane gas and triggered a coal-dust explosion. A gas detector that should have tested for potentially explosive methane hadn't been turned on since March 18, 2010, more than two weeks before the explosion.
A crack in the mine's floor that Massey had identified as the source of the inundation of methane was too shallow and not connected to a potential gas source below. Moreover, gas readings before the accident and just after it showed methane levels far lower than would have been expected with an inundation.
Alpha bought Massey this month for $7.1 billion. An Alpha spokesman said Alpha is hearing this information from MSHA at the same time everyone else is, and they will look at this claim [regarding the two sets of records] as well as all information that's available to them as they conduct their own review into what took place at Massey's Upper Big Branch mine in April 2010. He also said Alpha's review is in its early stages and that the company is starting to assemble specialists. The full MSHA report, when it's made available, will be part of what their team will closely review.
Massey completed a 102-page report, which was released by after the company was sold, saying the explosion was caused by an inundation of natural gas, a naturally occurring event beyond its control.
Massey's report said water sprays functioned adequately. This report didn't address book-keeping practices.
Alpha previously criticized the release of the Massey probe report, calling it unauthorized.
An independent report released in May by the top mine regulator in the Clinton administration, found Massey operated the mine in a profoundly reckless manner and was largely to blame for an explosion. At the time, Massey said it disagreed with his conclusion that the explosion was fueled by coal dust, and said they believed the explosion was caused by a massive inundation of methane-rich natural gas.
MSHA and Massey officials have clashed repeatedly since the accident over various reports regarding levels of highly explosive methane gas and combustible coal dust within the mine. Nongovernment safety experts said the government's findings, which put most responsibility for the accident on mine management, could have a bearing on wrongful-death lawsuits stemming from the blast.
A Beckley, W.Va., lawyer representing two families, who filed wrongful-death lawsuits, said about five such suits have been settled and more than 10 were still pending.
Thursday, April 15, 2010
IRS Blamed in Wrongful Death Suit
Associated Press
A northern Indiana man has filed a lawsuit blaming the U.S. government for his wife's suicide three days after Internal Revenue Service agents raided their home, saying she couldn't go on living in fear of the agency's trumped-up accusations.
"Being innocent is simply not enough for the government," Denise Simon, a 50-year-old mother of six, wrote in a suicide note posted on a memorial Web site set up by her widower.
In documents filed Tuesday in U.S. District Court in Fort Wayne, government attorneys denied any responsibility for Simon's death.
Department of Justice spokesman Charles Miller could not immediately say whether any charges had been filed against Simon. He declined to comment on the case.
James Simon, 57, sued the government in February, accusing the government of intentional infliction of emotional distress, negligence in obtaining and executing a search warrant, trespass, invasion of privacy and wrongful death. His lawsuit seeks unspecified damages. A similar lawsuit was filed earlier against IRS agents involved in the raid.
Court documents say Denise Simon and the couple's 10-year-old daughter were the only ones home when about 10 armed IRS agents in bulletproof vests raided the Simons' Fort Wayne home at about 7 a.m. on Nov. 6, 2007. James Simon, who maintains a secondary residence in Ukraine, was outside of the United States on business.
His lawsuit alleges that an IRS agent misstated facts and made misleading statements concerning the receipt of farm subsidies and the handling of a family trust to obtain a search warrant from a federal judge.
The suit alleges that another IRS agent improperly accused Denise Simon of wrongdoing during the raid, "causing unnecessary emotional stress."
"I am truly innocent of any attempt to evade taxes, launder money, commit fraud or any of the other things I am being accused of," Denise Simon wrote in another suicide note. She left suicide notes addressed to her husband and each of her children, ages 10 to 19, all of which were posted on the memorial Web site, http://rememberdenise.org.
James Simon's lawyers claim the IRS violated its own policies by not using a less intrusive method to obtain evidence. It cites IRS policy that search warrants are to be used only when evidence cannot be obtained any other way.
It also maintains that the search unnecessarily endangered the Simons' daughter.
"I am currently a danger to my children. I am bringing armed officers into their home," Denise Simon, who was described as a dedicated homemaker and mother, wrote in one of the notes. "I am compelled to distance myself from them for their safety."
In the court documents filed Tuesday, government attorneys denied the allegations and insisted the search warrant was valid. They said Denise Simon's death was "voluntary and self-inflicted."
Denise Simon died of carbon monoxide poisoning Nov. 9, 2007, according to records at the Allen County coroner's office. Her death was ruled a suicide.
Susan Imler, a spokeswoman for the Fort Wayne law firm handling the suit, Beckman Lawson LLP, said no tax charges or penalties were assessed against the Simons after the raid, though the case remains under investigation.
"Being innocent is simply not enough for the government," Denise Simon, a 50-year-old mother of six, wrote in a suicide note posted on a memorial Web site set up by her widower.
In documents filed Tuesday in U.S. District Court in Fort Wayne, government attorneys denied any responsibility for Simon's death.
Department of Justice spokesman Charles Miller could not immediately say whether any charges had been filed against Simon. He declined to comment on the case.
James Simon, 57, sued the government in February, accusing the government of intentional infliction of emotional distress, negligence in obtaining and executing a search warrant, trespass, invasion of privacy and wrongful death. His lawsuit seeks unspecified damages. A similar lawsuit was filed earlier against IRS agents involved in the raid.
Court documents say Denise Simon and the couple's 10-year-old daughter were the only ones home when about 10 armed IRS agents in bulletproof vests raided the Simons' Fort Wayne home at about 7 a.m. on Nov. 6, 2007. James Simon, who maintains a secondary residence in Ukraine, was outside of the United States on business.
His lawsuit alleges that an IRS agent misstated facts and made misleading statements concerning the receipt of farm subsidies and the handling of a family trust to obtain a search warrant from a federal judge.
The suit alleges that another IRS agent improperly accused Denise Simon of wrongdoing during the raid, "causing unnecessary emotional stress."
"I am truly innocent of any attempt to evade taxes, launder money, commit fraud or any of the other things I am being accused of," Denise Simon wrote in another suicide note. She left suicide notes addressed to her husband and each of her children, ages 10 to 19, all of which were posted on the memorial Web site, http://rememberdenise.org.
James Simon's lawyers claim the IRS violated its own policies by not using a less intrusive method to obtain evidence. It cites IRS policy that search warrants are to be used only when evidence cannot be obtained any other way.
It also maintains that the search unnecessarily endangered the Simons' daughter.
"I am currently a danger to my children. I am bringing armed officers into their home," Denise Simon, who was described as a dedicated homemaker and mother, wrote in one of the notes. "I am compelled to distance myself from them for their safety."
In the court documents filed Tuesday, government attorneys denied the allegations and insisted the search warrant was valid. They said Denise Simon's death was "voluntary and self-inflicted."
Denise Simon died of carbon monoxide poisoning Nov. 9, 2007, according to records at the Allen County coroner's office. Her death was ruled a suicide.
Susan Imler, a spokeswoman for the Fort Wayne law firm handling the suit, Beckman Lawson LLP, said no tax charges or penalties were assessed against the Simons after the raid, though the case remains under investigation.
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