Wrongful Death

Family Plans for Wrongful Death Lawsuit Against the District for Woman’s Murder

June 10, 2009 | Lebowitz & Mzhen

The father and sister of Erica Peters, the woman who was murdered along with her two children in her apartment on March 21, are planning to sue the District for her wrongful death. The plaintiffs are contending that the 911 dispatcher and police may have botched their handling of an emergency call that was made on the afternoon that Peters, along with her sons, Eric, 11, and Dakota, 10, were killed.

Peters reportedly was stabbed more than 20 times. Her two sons were also stabbed. Joseph Mays, Peters’ live-in boyfriend, has been charged with all three murders.

Her family also believes that he isn’t the only one that should be held liable for the triple slaying. They think that the 911 dispatcher that answered the call made from inside Peters’ apartment may have told a cop that the screams heard over the phone could have been “child’s play.” Her family also thinks that police waited anywhere from 30 minutes to an hour and a half after no one answered the door before breaking into the home.

That is when they found the bodies. Mays, who was also in the apartment, sustained superficial chest wounds. The couple’s 2-year-old girl was also there and alive.

Wrongful Death for Murder

If someone you love was murdered, you may have grounds for filing a wrongful death lawsuit against the person that actually committed the crime. There also may be other parties that can be held liable for your loved one’s wrongful death—even if he or she didn’t commit the actual crime. For example, a wrongful death claim can be brought against a premise owner for the inadequate security that allowed for a crime to occur on a property, or police or a city can be sued for wrongful death if negligence on their part allowed for a murder to occur.

Family Suing Over D.C. Triple Murder, MyFoxDC, June 8, 2009
Charges Are Filed In Triple Stabbing, The Washington Post, March 23, 2009
Related Web Resources:
Wrongful Death Overview, Justia

Father Sues Washington D.C. After His Daughter’s Decomposing Body is Found in Her Mother’s Home

April 14, 2008 | Lebowitz & Mzhen

Norman C. Penn, Jr., the father of 16-year-old Brittany Jacks, is suing the District for $25 million following her death. Brittany decomposing body was discovered last January, along with the bodies of her three sisters, ages 5, 6, and 11, in her mother Banita Jacks’ southeast Washington rowhouse.

Penn is alleging that the city’s agencies failed to properly handle the complaints that his daughter’s life was in danger and that because of this negligence, his daughter endured physical, mental, and emotional injuries before her death.

He accused the District of failing “to properly train, supervise, control, direct, and monitor its employees in their duties and responsibilities” and wants to know why the D.C. government did not do more to make sure that the girls were living in a safe environment. Penn filed his wrongful death lawsuit in District of Columbia Superior Court.

Banita is being held without bond on murder charges after she was accused of killing her four girls. U.S. Marshalls discovered the decomposing bodies when they went to Banita’s house on January 9 to serve her an eviction notice.

According to investigators, the bodies were so badly decomposed that they have been unable to determine their cause of death or when the deaths happened—although they believe that the girls died months before their bodies were discovered.No one has reported seeing the girls alive since spring or summer last year.

Jacks, 33, told police that her children were possessed by demons and they passed away in their sleep.

D.C. Mayor fired six Child and Family Services Agency workers soon after, accusing them of not doing enough to investigate complaints regarding the quality of care that Jacks was giving her daughters.

In Maryland and Washington D.C., our personal injury and wrongful death lawyers have helped many injured parties recover their losses.

Father of Girl Found Dead in D.C. Home Sues District, Washington Post, April 9, 2008
Forensic Expert to Aid In Review of Evidence In Children’s Deaths, Washington Post, April 5, 2008

Related Web Resource:

D.C. Woman: “Demons” Possessed Slain Girls, CBS News, January 11, 2008

On “Deadliest Drunk Driving States” List, Washington D.C. Ranks #1

December 15, 2006 | Lebowitz & Mzhen

With all the holiday parties that take place at the end of the year, drunk driving incidents tend to occur more frequently—which can be especially dangerous if you live in one of the 15 U.S. states where at least 41% of all traffic fatalities can be attributed to drunk driving.

The End Needless Deaths on Our Roadways (END) group, an advocacy organization led by doctors, has just released its list of 15 U.S. states where the most traffic-related deaths occurred due to drinking. Washington D.C. topped this list, where drunk driving was a cause of 54.17% of vehicle-related deaths.

Who Else Made the List:
· Connecticut
· Hawaii
· Illinois
· Montana
· Rhode Island
· South Carolina
· South Dakota
· Texas
· Washington, D.C.
· Wisconsin
· Alaska
· Arizona
· Delaware
· North Dakota
· Washington

END says that in 2005, close to 17,000 motorists were killed in drunk driving accidents in the US with more than 4,000 of those fatalities taking place in these 15 states. Rankings were determined by data taken from the National Highway Traffic Safety Administration’s reporting system.

The CDC offers the following suggestions to prevent injuries due to impaired driving:

· Sobriety checkpoints. Fatal crashes thought to involve alcohol dropped a median of 22% (with random breath testing) and 23% (with selective breath testing) following implementation of sobriety checkpoints.

· 0.08% BAC laws. Fatal alcohol-related crashes showed a median decrease of 7% following the implementation of 0.08% BAC laws in 16 states.

· Minimum legal drinking age (MLDA) laws. Raising the MLDA, such as from 18 to 21, decreases crash-related outcomes a median of 16% for the targeted age groups.

· “Zero tolerance” laws for young drivers. One study found that fatal crash outcomes decreased 24% after implementation of “zero tolerance” laws (Elder et al. 2002, Howat et al. 2004, Shults et al. 2001, Shults et al. 2002).

END is recommending that medical workers and physicians work harder to identify whether patients have drinking problems. The group also suggested that states increase fines and prison times for DUI offenders, while also penalizing motorists who refuse to be tested for sobriety.

Utah, which has the strictest drinking laws in the U.S., has the lowest alcohol-related deaths rate at 13.12%.

Washington D.C. And Howard University Hospital Are Sued By Family Of New York Times Journalist For Wrongful Death

November 28, 2006 | Lebowitz & Mzhen

The family of retired New York Times journalist David Rosenbaum is suing Howard University Hospital and Washington D.C. for errors D.C. police and hospital workers made in their care of Rosenbaum after he was robbed and severely beaten in a Northwest neighborhood in January 2005. The wrongful death case also alleges that there were delayed ambulance response, further delays at the hospital, and misdiagnosis.

The lawsuit says that rescuers mistakenly diagnosed Rosenbaum as being drunk when they found him. Rosenbaum was classified as a low priority and an emergency room doctor didn’t see him until 90 minutes after he was attacked. Just last month, Percey Jordan, 42 was convicted of of second- and first-degree murder, robbery, conspiracy to commit robbery, and five counts of credit card fraud in the death of Rosenbaum, 63. Jordan’s cousin, Michael Hamlin, pleaded guilty to second-degree murder.

A wrongful death case may be filed when a person dies due to the wrongful or negligent conduct of another person or persons. Medical malpractice can also be a reason for filing a wrongful death lawsuit.