When a death occurs prematurely and by other than natural causes, a wrongful death claim may exist. In this type of claim the family as a group and on behalf of the Estate can seek to recover damages for the loss of love and companionship, as well as economic losses to the estate. A wrongful death claim comes in addition to suvivorship claims brought for the deceased based on improper or negligent conduct such as medical malpractice, product defect, intentional tort, etc.

We have listed below some of the wrongful death cases we have worked on. In addition we have included some of the media publicity received on Wrongful Death Cases as follows:

In the News

JURY AWARDS $500,000 IN SUIT VS HOSPITAL MAN DIED HAVING SURGERY AT MEDCENTRAL/MANSFIELD; JACK LANDSKRONER ATTORNEY FOR THE PLAINTIFF

Wrongful Death Cases

2003 Estate of John Doe v. Jane Doe, M.D.

Plaintiff was a 62-year-old man who developed changes in bowel habits, recurring bouts of constipation and diarrhea, loss of weight, vomiting and eventually presented with blood in his stool. Plaintiff’s family physician treated these conditions for over 20 months without ordering appropriate or timely diagnostic evaluation of Plaintiff’s colon via colonoscopy. While driving his truck at work, Plaintiff’s colon ruptured from a colonic tumor. Emergency surgery was performed but the cancer had spread. Plaintiff underwent unsuccessful chemotherapy treatment over four months and then died. Plaintiff’s estate claimed Defendant failed to timely diagnose and treat decedent’s colon cancer resulting in spread of disease and death. He was survived by his wife of 26 years, five daughters and three stepchildren.

Settlement

2002 Estate of John Doe v. Company X

Mr. Doe was an employee of Company X, working as a maintenance man. While repairing the “crash” of a Garnett/Lapper machine, Mr. Doe was underneath the machine, which was neither locked out nor tagged out. Company X preferred that the machines not be locked or tagged out when repairing a crash because it slowed down production. The machine crash was cleared and Mr. Doe was caught by the neck between the Lapper roller and shaft and was asphyxiated. Company X reported the death as a heart attack rather than a strangulation. Mr. Doe’s family alleged a violation of workplace safety regulations and an employment intentional tort.

Settlement at Mediation

2002 Estate of Gregory K Rhoades v. Summit Tower Services Inc., et al.

Decedent,Gregory Rhoades, worked as a tower erector for Defendant Summit Tower Services. In October 1998, Summit was contracted by Defendant GPD Services to erect a 180-foot cell tower in Newton Falls, Ohio. Toward the end of the project, Mr. Rhoades was working at the top of the tower when he began the process of rappelling down the tower and suddenly lost control falling 180 feet to his death. Suit was filed against Summit Tower based upon their knowledge of a dangerous process on their job site; knowledge that if an employee was subjected by his employment to such dangerous process, harm would be a substantial certainty, and that Summit Tower, under such circumstances and with much knowledge, did act or require Mr. Rhoades to continue to perform the dangerous process of rappelling. Suit was also filed against GPD Services based upon the theory that as a general contractor, GPD Services actively participated in directing the activity that resulted in Mr. Rhoades' death.

Settlement with both Defendants

2002 Andrea Kmetz, Admin. for Estate of Jay Kmetz v. MedCentral Health Systems

Jay Kmetz underwent anterior cervical diskectomy and fusion (ACD&F) on 3/10/98 at Mansfield Hospital. Over the next twelve hours, Jay experienced post-operative complications, eventually leading to complaints of inability to breath and swallow. The nurse did not find objective complaints, but failed to obtain a medical consult. At 2:35 a.m. on 3/11/98, Jay Kmetz suffered a respiratory arrest, leading to cardiac arrest, brain damage and death. The family declined an autopsy and the cause of death remained in dispute. Plaintiff presented no economic loss and proceeded to trial on Decedent's pain and suffering and losses to the five surviving adult siblings and parents.

Jury Verdict

2000 In re: The Estate of John Doe, a minor

Plaintif's decendent was a four year-old boy killed as an unrestrained front seat passenger in a motor vehicle accident. The child was killed as a result of the impact from the airbag which was triggered by the motor vehicle accident.

Settlement Pre-Suit

2000 The Estate of Jane Doe (deceased) v. ABC Trust

Plaintiff, Jane Doe, deceased, was a 66 year old retired county worker residing in an apartment complex on Cleveland's east side. Plaintiff was single with no children. A fire broke out in the first floor laundry room of her building in the early morning hours. The fire was determined to be of human origin. There had been at least five previous fires of human origin in the laundry rooms of buildings in this complex, and one in her building. The complex also had a history of vagrants living in apartment laundry rooms. All other tenants escaped, but Plaintiff was killed in the fire. Plaintiffs alleged the apartment complex was negligent in failing to provide adequate security to protect its residents. Defendant contended this was arson and nothing could be done to prevent the fire.

Settlement at trial CoCounsel: Johnnie Cochran, Esq.

1998 The Estate of Max Harrell (deceased) v. Gaylord Foundry Equipment Co., et al.

Plaintiff, Max Harrell, deceased, was a 61 year old man working at an aluminum coring foundry when a solenoid gassing valve stuck open causing sulfur dioxide gas to leak into the ambient work air. Mr. Harrell was a known asthmatic and was exposed to the gas causing an asthma attack which resulted in suffocation and death. The widow brought suit alleging product defect and failure to warn. Defendants contended the employer misused the product and Plaintiff should not have been working in that environment.

Settlement at trial

1996 The Estate of Scott McGraw v. Roger Murdock

Twelve year old Scott McGraw was struck and killed by Defendant’s truck while crossing the street from his mailbox to his home. Defendant contended the boy unexpectedly ran into the road and that he was traveling 20 mph under the speed limit. Plaintiff contended that Defendant failed to act as a reasonable driver in that he saw the boy at the roadside but failed to take into consideration the immediate danger and unpredictable nature of a child near the roadway on a 55 mph rural road.

Settlemen (exhaustion of policy limits on primary coverage plus underinsured benefits)

1994 The Estate of John Blaney v. Rick Scott Trucking Company, et al.

Plaintiff was a laborer working on the premises of his employer. Defendants’ tractor trailer truck was making a delivery on employer’s premises. While backing without appropriate backing warning, Defendants’ driver-employee hit decedent crushing him and causing his death.

Judgment

1996 Ward Allen Williams v. Franklin County Commissioners and the City of Columbus
Civil Rights death of 31 year old male by suffocation captured on videotape.

Settlement (Largest Civil Rights settlement in State of Ohio)

1994 Eric Schulenburg, et al. v. Catawba Island Club, et al.

Wrongful death of a 10 year old girl hit by a car when crossing a street at Defendant's club.

Jury Verdict

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