Wrongful Death

Two Lawsuits Filed Over Las Vegas Tour Helicopter Crash

January 13, 2012 | Lebowitz & Mzhen

Families of the victims killed in a tragic helicopter crash near Las Vegas, Nevada have filed two lawsuits against the company that operated the sightseeing craft. The crash occurred the afternoon of December 7, 2011 in the Lake Mead Recreational Area near the Hoover Dam, about twelve miles east of Las Vegas. The helicopter, a Eurocopter AS350, was owned and operated by Sundance Helicopters, a Las Vegas-based tour company. Sundance conducts sightseeing tours of the area surrounding Las Vegas. Five people lost their lives in the crash, two married couples and the helicopter pilot, Landon Nield.

The specific cause of the crash remains unknown. Radar tracking data from the National Transportation Safety Board (NTSB) reportedly showed that the helicopter entered an “erratic and abnormal flight pattern” just before it crashed. The pilot did not make an emergency call. The NTSB has determined that the helicopter did not lose power before crashing. The agency is conducting its own investigation into the crash, but it may not have a final report or a determination of what caused the crash for some time.

The first lawsuit came within days, filed on December 13, 2011 in Clark County District Court in Las Vegas. The plaintiffs are family members of Lovish Bhanot and Anupama Bhola, newlyweds from New Delhi, India who died in the crash while on their honeymoon. The suit alleges negligence against Sundance and demands unspecified monetary damages.

A second lawsuit followed on December 29, filed by four children of Delwin and Tamara Chapman of Utica, Kansas, the other victims of the crash. The Chapmans were in Las Vegas celebrating their twenty-fifth wedding anniversary. This lawsuit also claims unspecified damages against Sundance. The same attorney is representing both sets of plaintiffs. He told the Associated Press that he will do joint discovery in the cases but wants to conduct separate trials.

The lawsuits, according to news reports, allege negligence and make claims for wrongful death. Wrongful death is a civil legal claim seeking to hold a defendant liable for the death of a person, usually as part of a negligence claim. Unlike criminal legal matters, which seek punishment like fines or imprisonment, a wrongful death claim only seeks monetary damages.

NTSB Issues Findings on Deadly 2010 Gas Pipeline Explosion

December 8, 2011 | Lebowitz & Mzhen

The National Transportation Safety Board (NTSB) recently released its report on a deadly gas pipeline explosion that ravaged a neighborhood outside San Francisco and killed eight people last year. The NTSB, after reviewing data and testimony presented at a meeting in August and over a year-long investigation, concluded unanimously that fault for the explosion lies with Pacific Gas & Electric (PG&E), one of the largest gas companies in the country. The 140-page report issued by NTSB contains thirty-nine safety recommendations directed not only at PG&E, but also pipeline operators and government regulators. Lawsuits related to the explosion are also preparing for trial next year.

The accident occurred in the early evening of September 9, 2010 in the San Francisco suburb of San Bruno, when a ruptured natural gas pipeline owned by PG&E exploded with sufficient force to make some first responders, residents, and media think an earthquake or plane crash had just occurred. The explosion caused a fire that destroyed thirty-five houses and damaged many more. Three more homes were later deemed too badly damaged and were demolished. The blast created a crater 72 feet long, 26 feet wide, and 40 feet deep. In all, eight people, mostly neighborhood residents, died in the explosions or from burns.

The NTSB’s report describes a “litany of failures” by PG&E and failures in oversight by government regulators, according to a Bloomberg report. It says the problem began over 50 years ago, when PG&E installed substandard pipe with poor welding, then subsequently failed to conduct tests and inspections that would have identified problems in advance. It further blames an inept response by PG&E for the severity of the destruction. PG&E control room operators allegedly did not relay information on the source of the fire to emergency responders or 911 operators, causing responders to still think they were dealing with a plane crash. The absence of emergency shut-off valves on the pipeline also allegedly prolonged the fire considerably.

PG&E’s problems with pipeline explosions do not end with the San Bruno incident. The California Public Utilities Commission approved a record $38 million fine against the company last week for a Christmas Eve 2008 explosion in Rancho Cordova, outside Sacramento. That blast killed one person, injured five, and destroyed a house. A utility employee and a firefighter were among the injured. The fatality was the elderly owner of the destroyed home. The owner’s family reached a confidential settlement with PG&E in 2009. An investigation found that, during a repair in 2006, PG&E installed the wrong kid of pipe in the gas line. It also found that PG&E responded too slowly to a report of a leak the day of the explosion.

Government Settles Lawsuit over 2001 Anthrax Attacks

November 30, 2011 | Lebowitz & Mzhen

The federal government has agreed to pay $2.5 million to Maureen Stevens, a resident of Lantana, Florida, to settle her lawsuit arising from the 2001 death of her husband, Bob Stevens, in the anthrax attacks that occurred in various cities that fall. The $50 million lawsuit claimed negligence by the government for failing to prevent the attack that killed her husband, citing evidence that a government insider obtained the spores used in the attacks from an Army lab. A settlement was first announced in October, but details only recently became public.

The anthrax attacks occurred in the fall of 2001, a few weeks after the terrorist attacks of September 11. Bob Stevens was a 63 year-old photo editor at American Media, Inc. in Boca Raton, Florida, the publisher of the National Enquirer and other tabloids. He died on October 5, 2001, a few days after opening a letter addressed to the publisher that had been laced with anthrax spores. Bob Stevens’ death was the first of five resulting from similar letters.

Maureen Stevens filed her lawsuit in a Florida federal court in 2003, claiming $50 million in damages for her husband’s death. She alleged that the government negligently failed to secure anthrax spores at the laboratory where they originated, the Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland. She claimed that the Institute had a history of failing to track pathogens and of missing microbe samples dating back to at least 1992. In essence, she alleged that the government had a duty to adequately safeguard dangerous pathogens in its possession, particularly ones known to be deadly to humans, and that the government breached its duty by allowing anthrax spores to fall into the hands of the perpetrator of the attacks. This led directly to Bob Stevens’ wrongful death, according to her lawsuit.

The Justice Department, arguing on behalf of the government, disputed her allegations. It claimed that she failed to prove a direct causal connection between the government’s actions, even its lack of security precautions, and Bob Stevens’ death. The Justice Department at one point unsuccessfully argued to the Florida Supreme Court that the government could not be held liable even if it had allowed the release of dangerous materials. Discovery in the case led to many revelations about security at the Maryland research site and the role of various government employees and officials. Only some of these have become public. The case was set for trial in January 2012 when the settlement was announced.

Family of Shooting Victim Sues Gunman for Wrongful Death

November 11, 2011 | Lebowitz & Mzhen

The parents of Michelle Fournier, a woman killed in a hair salon shooting that left eight people dead and one wounded, have filed a wrongful death lawsuit against the alleged shooter. The alleged gunman, Scott Dekraai, is Fournier’s ex-husband. The lawsuit asks the court to freeze Dekraai’s assets. According to the family’s attorney, their goal is to obtain compensation for Fournier and Dekraai’s eight year-old son, who is left effectively orphaned by the incident.

The family of another woman killed in the salon, Christy Wilson, has also filed a lawsuit for wrongful death against Dekraai. Her husband alleges in the suit that she “lingered for a ‘significant’ period of time before she died,” and seeks compensation for hospital and funeral costs and loss of “love, care, companionship.” The two lawsuits will likely proceed alongside, but independent of, the criminal prosecution.

Dekraai had taken Fournier to court to modify their child custody arrangement, hoping to get more time with their son. A court-appointed psychologist recommended that the court keep the existing custody plan in place. On October 12, 2011, Dekraai allegedly drove to the salon in Seal Beach, California where Fournier worked, armed with three handguns and wearing a bulletproof vest. According to police and Dekraai’s own statements to police, he shot eight people in the salon, killing seven, including Fournier and Wilson. He then shot and killed a man sitting in a car in the parking lot, telling police later that he thought the man might be a police officer reaching for a weapon.

Police arrested Dekraai shortly after he left the salon. He reportedly offered a full confession to investigators, admitting to all of the shootings and offering explanations for his actions. Prosecutors have charged Dekraai with eight counts of murder and one count of attempted murder, one for each shooting victim. They have announced that they will seek the death penalty. His arraignment is scheduled for November 29.

There are several key differences between the criminal and civil ases. The claims brought by the families for Fournier and Wilson seek civil damages for wrongful death. The criminal case, brought by prosecutors who work for the state of California, seek to punish Dekraai in the criminal justice system. The desired outcome of a wrongful death lawsuit is always monetary damages, while a criminal prosecution seeks fines, imprisonment, or sometimes the death penalty.

Kathy Wone Settles $20M Washington DC Wrongful Death Lawsuit with Three Men Linked to Her Husband’s Dupont Circle Murder

August 3, 2011 | Lebowitz & Mzhen

Over the past year, our Washington DC personal injury law firm has written about the civil lawsuit between Kathy Wone and Victory Zaborsky, Dylan Ward, and Joseph Price. Wone is the widow of Robert Wone, a Radio Free Asia attorney who was fatally stabbed at the DuPont Circle residence shared by the three men in August 2006.

Although the Zabrosky, Ward, and Price were acquitted of charges of obstruction of justice, conspiracy, and evidence tampering related to Robert’s death (they have always maintained that he was killed by an unknown intruder), Kathy went ahead and pursued the men in civil court. Now, she and the three men have settled the DC wrongful death lawsuit against them for $20 million.

The outcome of this civil case is an example of how even if an acquittal is the outcome of the criminal case, you can still hold the parties that you believe are liable for your loved one’s death in civil court. Granted, a jury might have awarded Kathy a larger monetary sum if she had decided to go to court. However, in an interview that she gave this week Kathy explained that even if the case went to trial, she didn’t think more information would be shed on what happened to her husband (the three defendants had refused to answer a lot of questions that were posed during deposition). She has also decided to start focusing her energy on moving forward with her life and using some of the settlement money to go toward the causes that her husband believed in.

Preventing the Non-Crash Auto Deaths of Kids

July 26, 2011 | Lebowitz & Mzhen

While motor vehicle crashes are a leading cause of child fatalities, our Washington DC personal injury lawyers want to warn you of other auto vehicle-related dangers that could put a kid at serious risk. Here are a few of these safety hazards, as identified by the National Highway Safety Administration:

Backover accidents: This usually involves a vehicle backing out of a driveway or parking lot and the driver not realizing that there is a child behind the auto. Backover accidents can prove fatal. Because the vehicle is being operated in reverse, the motorist must take extra precautions to check all viewing mirrors, footage from the backup camera, and perhaps even physically look back to make sure there is no one there.

Power windows: Power windows can entrap a young child’s hands, fingers, feet, neck, or head. It is important to make sure that power window switches have been locked. Otherwise, a child can accidentally activate the switch.

DC Area Teen’s Family Files Wrongful Death Lawsuit Against Four Loko Manufacturer

May 30, 2011 | Lebowitz & Mzhen

The family of John Donald Rupp III, a DC Area teenager, is suing Phusion Projects, which manufactures the caffeinated alcoholic drink Four Loko, for his wrongful death. The 15-year-old died when a car hit him near his home last September. His family says that the collision happened after he drank Four Loko, which caused him to become disoriented.

In their wrongful death lawsuit, Rupp’s family accuses the drink maker of negligence and carelessness. They contend that Four Loko “desensitizes users to the symptoms of intoxication,” while upping the risk of injury related to alcohol.

The Food and Drunk Administration has warned that caffeine is not a safe food additive to mix with alcohol. Meantime, experts have said that drinks that have both alcohol and caffeine are associated with high-risk behavior. Weeks after Rupp’s passing, Phusion Project said it would take the stimulants, including caffeine, from its products.

Washington DC Wrongful Death: Family of Woman Killed in Adams Morgan Pedestrian Accident Seeks $20M from Drunk Driver

May 18, 2011 | Lebowitz & Mzhen

According to WUSA9.com, the family of Julia Bachleitner is suing Chamica Adams for DC wrongful death. Bachleitner, a Hopkins School of Advanced International Studies student from Austria was killed last September in an Adams Morgan pedestrian accident. The 26-year-old student’s family is seeking $20 million from Adams, who was drunk when she drove a car into a group of graduate students. Other defendants include the bar that served Adams alcohol prior to the deadly collision and her mother.

At around 8:30pm on September 8, 2010, Adams, who was making a left turn, drove over a traffic island to accidentally struck Bachleitner and another woman. She then crashed the vehicle into an empty restaurant. The other woman, Melissa Basque, suffered a concussion with a brain bleed, teeth loss, facial fractures, and a compound leg fracture.

Police say that Adams’s blood-alcohol level was almost two times the legal limit. The 24-year-old Mitchellville woman had consumed alcohol at the District Lounge and Grille right before the DC pedestrian accident. The Washington Times reports that there is security footage from the club showing her consuming several drinks and then stumbling out of the place. The C. Fields Group LLC, which owns the bar, is also a defendant in the Washington DC wrongful death case.

CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents

May 4, 2011 | Lebowitz & Mzhen

With the swimming season fast approaching, the US Consumer Product Safety Commission is reminding parents and guardians to exercise caution so that tragic drowning accidents are avoided. Already, the CPSC says there have been 38 near-drowning and 37 drowning incidents in the US this year. The government agency, along with the Y and American Red Cross, are launching a Pool Safety campaign this year to reduce the amount of child drowning accidents in spas and swimming pools.

Considering that about 300 kids under the age of 5 drown annually and thousands of others are injured in near drowning accidents, employing the proper safety precautions will hopefully save lives. To help prevent Washington DC drowning accidents:
• Makes sure that there is a fence around the pool so that kids can’t get in when there isn’t an adult around
• Don’t allow children to swim unsupervised
• Make sure there is someone at the pool that knows how to perform CPR in the event of an emergency

A pool or spa owner can be held liable for Washington DC personal injury to a child if he/she did not make sure that the pool or hot tub is safe for swimmers. For example, if someone drowns at a public pool that should have (but didn’t) have a lifeguard on duty or because the wasn’t properly cleared of leaves and other debris so that it would be easy to spot someone in trouble at the bottom of the pool, the victim or his/her family may have grounds for a lawsuit.

Common causes of pool or spa drownings:
• No fence or pool cover
• Inadequate warning signs
• Lack of rescue equipment in the pool area
• Drain entrapment (Could be grounds for a DC products liability case)
• Inadequate pool maintenance
• No lifeguards
• Defective pool or spa equipment

Our Washington DC injury lawyers represent families throughout the DC area and Maryland.

Pool & Spa Safety Educational Video Transcript, Pool Safety.gov
75 Drownings and Near-Drownings in 15 Weeks, CPSC, April 21, 2011
Related Web Resources:
Unintentional Drownings, Centers for Disease Control and Prevention
Drowning Prevention Fact Sheet, Safe Kids USA

More Blog Posts:
Six-Year-Old Girl Dies in Washington DC Drowning Accident at Turkey Thicket Pool, Washington DC Injury Lawyer Blog, July 12, 2010
In Maryland, Accidental Drowning Of Anne Arundel County 5-Year Old Renews Calls For Greater Pool Safety, Maryland Accident Law Blog, October 13, 2006
Family of Baltimore County Woman that Drowned in Apartment Complex Pool Files $100 Million Wrongful Death Lawsuit, Maryland Accident Law Blog, August 15, 2008

Family’s Washington DC Wrongful Death Lawsuit Alleging Paramedic Malpractice Can Proceed, Says Judge

March 9, 2011 | Lebowitz & Mzhen

More than a year after the family of Edward Givens filed a $17 million DC wrongful death case against the District and Emergency Medical Services medical director Dr. James Augustine, a judge says that their lawsuit can proceed under a new statute.

Givens, 39, died on December 2, 2008 after paramedics, responding to call that he was having problems breathing and experiencing chest pains, didn’t take him to the hospital and instead told him that he had acid reflux and he should take Pepto Bismo. He died six hours after receiving the wrong diagnosis. In 2009, his family sued for DC paramedic malpractice and wrongful death.

The District has been combating the lawsuit, claiming that case law doesn’t allow someone hurt by an emergency worker to sue. However, after paramedics didn’t immediately treat New York Times journalist David Rosenbaum because they thought he was drunk (in fact, he was beaten during a robbery), the District settled his family’s paramedic malpractice case. The city council has since passed a statute allowing victims to hold paramedics liable for negligence.