Remington subpoenas school records of children and adults killed in Sandy Hook mass shooting9/4/2021 Remington, the gunmaker being sued by several families of Sandy Hook victims for wrongful death, has issued a subpoena to get the academic, attendance and discipline records of five first-grade students who were killed during the 2012 mass shooting. The gunmaker also issued a subpoena for the employment files of four educators who were killed. The subpoena pertaining to the five deceased students specifically requested “application and admission paperwork, attendance records, transcripts, report cards [and] disciplinary records,” according to court documents. “The records cannot possibly excuse Remington’s egregious marketing conduct, or be of any assistance in estimating the catastrophic damages in this case,” the plaintiffs’ attorney Joshua Koskoff said in a statement to CBS News. “The only relevant part of their attendance records is that they were at their desks on December 14, 2012.” Pertaining to the adults killed, the gunmaker requested records of the educators’ earnings, attendance, insurance, resume, job performance evaluations and confidentiality agreements, among several other items. Both subpoenas were dated July 12. A motion filed by the plaintiffs on Thursday said “there is no conceivable way” these items would assist Remington in its defense. “In addition to being extremely personally sensitive to the families of the deceased, this information is legally classified as confidential,” the motion states. “We have never seen subpoenas directed to first-graders’ educational records, let alone children’s “attendance records,” or “disciplinary records,” and we do not understand Remington’s purpose in obtaining these records.” The attorneys for Remington did not immediately respond to CBS News’ request for comment. The mass shooting at Sandy Hook Elementary School on December 14, 2012 resulted in the deaths of 20 first-grade children and six adults within less than five minutes. More than 150 shots were fired during that time, court documents show. The shooter used a Bushmaster AR-15 rifle in the shooting, which families of the children killed say is the reason the mass loss of life in such a short period of time was possible. “The AR-15 was engineered to deliver maximum carnage with extreme efficiency,” the families said in their complaint, filed in December 2014. The legal action was brought against Remington, its acquisition Bushmaster Firearms, and several other entities that took part in the making, distribution and direct sale of the gun used in the shooting. The families are suing for wrongful death and loss of consortium, as well as for the company gearing its marketing toward civilians. They have argued that the gunmakers know the AR-15 is “unsuited to home defense or recreation” and that it allows those in possession to inflict “unparalleled damage,” but that they continue to sell it anyway. In 2017, Nicole Hockley, whose 5-year-old son Dylan was killed at Sandy Hook, told “CBS This Morning” that the gunmaker has to be held accountable for what occurred. “This is a weapon that’s been designed to inflict mass casualties and, ‘you’re not a man if you don’t have it,'” she said. “That’s morally reprehensible and, from a marketing perspective, that’s just wrong and needs to stop.” The gunmaker’s records request has sparked massive outrage on social media. Fred Guttenberg, whose daughter Jaime was among the 14 killed at Marjorie Stoneman Douglas High School in Parkland, Florida in 2017, tweeted that the “educational record of a 6 year old cannot help with their case.” The post Remington subpoenas school records of children and adults killed in Sandy Hook mass shooting first appeared on Aggressive Injury Law.
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TRY LAW360 FREE FOR SEVEN DAYS Source link The post Mass. Justices OK COVID-19 Deadline Tolling In Injury Case first appeared on Aggressive Injury Law. Stay ahead of the curveIn the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS Source link The post Ark. Suit Against Pot Law Firm May Require Arbitration In NY first appeared on Aggressive Injury Law. TEXARKANA, Texas – The mother of a Dayton, Ohio man who died in police custody two years ago has filed a wrongful death suit against three police officers in Texarkana, Texas. The complaint alleges the officers were “deliberately indifferent” as her son complained that he couldn’t breathe. Police body camera video starts where Officer Jerrica Weaver arrives to transport Darren Boykin, 23, to jail after he allegedly lead Texarkana College officers on a chase that ended off campus. At one point in the video, Boykin can be heard yelling for help. Officer Brent Hobbs opens the door and Boykin tells him, “I can’t breathe.” Hobbs tells Weaver about Boykin’s complaint. Weaver responds, “He’ll be fine.” The lawsuit accuses Officer Weaver, Officer Hobbs and Sgt. William Scott of violating Boykin’s civil rights. Attorneys Scott Palmer and James Roberts filed the suit on behalf of Boykin’s mother, Keisha. “It’s horrible to watch because all of this could have been easily prevented,” explained Palmer. An autopsy reports showed Boykin died of natural causes. “Even if there was something to do with sickle cell or whatever the reason it was that he couldn’t breathe, providing him with oxygen is going to help that situation,” said Roberts. Before the patrol car left the scene, Boykin again pleads for help. Officer Weaver responds, “I’m going to help you get to the jail.” Roberts says Officer Weaver was clearly indifferent to Boykin’s cries for help, but she wasn’t the only one. “She did nothing, but the other officers present they are also liable here because they knew that he couldn’t breathe,” said Roberts. When Officer Weaver arrives to the jail, Boykin was slumped over and unresponsive. She immediately began CPR. “Now they take action. At that point they’ve already driven right by the very hospital they end up taking him back to and it’s too late at this point,” said Palmer. The Texarkana, Texas Police Department said they could not comment on pending litigation. Source link The post Family of man who died in police custody files wrongful death lawsuit | Texarkana first appeared on Aggressive Injury Law. TEXARKANA, Texas — When a 23-year-old who died in police custody in 2019 told officers he couldn’t breathe, he was accused of “felony faint,” according to a wrongful death lawsuit filed Sunday in federal court in Texarkana. The complaint filed on behalf of the mother of Darren Boykin accuses Texarkana Texas Police Department officers Jerrika Weaver and Brent Hobbs and Sgt. William Scott of violating Boykin’s civil rights by being “deliberately indifferent” to a medical crisis, resulting in his death. TTPD Spokesman Shawn Vaughn said the department cannot comment on pending litigation. The arrest Boykin was confronted by Texarkana College police officers in a building on campus sometime around 2 p.m. Aug. 29, 2019, according to the complaint. They suspected Boykin was responsible for a series of petty thefts and sought to take him into custody. Boykin allegedly pushed his way past the officers and fled on foot. Boykin ran in the August heat from the community college building to property next to a convenience store located at the corner of College Drive and Richmond Road, about a half mile, before he was detained. Video from Weaver’s body camera shows Boykin was on the ground with his hands cuffed behind his back, breathing heavily, when Weaver arrived to assist the Texarkana College officers. As Weaver approaches, a civilian bystander can be heard saying, “I thought he was having a heart attack.” A Texarkana College officer responds that Boykin has “felonies, that’s what it is.” As the officers tell him to walk to Weaver’s patrol car, Boykin complains that he can’t and three officers carry him and place him in the back seat. A search of Boykin’s pockets reveals an Ohio driver’s license and officers determine he has a felony warrant for theft in that state, according to body camera footage. Hobbs arrives and gives a bottled water to a Texarkana College officer but no water is offered to Boykin. In response to Boykin yelling for help while in the cruiser, Hobbs opens the door briefly; but does not call for emergency medical help when Boykin tells him, “I can’t breathe.” When Hobbs tells Weaver that Boykin is complaining of an inability to breathe, Weaver responds, “He’ll be fine.” The suit accuses Weaver of showing a “clear disregard” for Boykin’s health once she is told he has a felony warrant. “You can’t call I can’t breathe after you ran forever and then you have felonies,” Weaver can be heard stating in a body camera recording as she stands outside the patrol unit. When Scott arrives, Hobbs mentions Boykin’s complaint of being unable to breathe to him. “Being the sergeant and supervisor on scene, defendant Scott had the ability to call for medical assistance or direct defendant Hobbs or defendant Weaver to call for medical assistance for Darren,” the complaint states. Before Weaver begins driving Boykin to the Bi-State Justice Building for booking into the Bowie County jail, Boykin has repeatedly asked for help, complained that his leg hurts and urged that he couldn’t breathe. The ride to jail and a “fun fact” The dash camera in Weaver’s patrol unit captures a close-up view of Boykin as he sits in the back with his hands cuffed behind him. Before the car begins to move, Boykin asks for help “back here” and complains that his leg hurts and he is unable to breathe. Boykin’s breathing is heavy and he appears to struggle to hold his head upright. In response to a plea for help, Weaver replies, “I’m gonna help you get to the jail.” As Weaver drives toward downtown Texarkana to the Bi-State, Boykin states, “Ma’am, I’m about to pass out.” Weaver tells him to “just lean against the glass,” of the cruiser’s window and continues driving. As Weaver ends a call on the cell phone she is holding, Boykin lists forward and from side to side. Weaver tells him he will get water in the jail. Boykin is leaned to the side and appears to be making involuntary movements as Weaver asks him questions about where he was staying, whether he knows he is “still going to jail,” and if he is comfortable. “Defendant Weaver then began humming, showing a complete disregard for the human being who could not breathe, had been begging for help in her backseat, and was actively dying,” the complaint alleges. Boykin is unresponsive as Weaver asks him if he is getting “air,” referring to air conditioning. “You know somebody that passes out isn’t able to stop themselves from falling forward right? Fun fact,” Weaver states as she continues driving to the Bi-State and past Wadley Regional Medical Center. As Weaver glances again toward her prisoner, Boykin slumps over and is non-responsive. “Felony faint” After Weaver pulls into a parking slot in the Bi-State basement, she gets out and opens a rear door. “And I’m not picking you up and dragging you in there. Quit playing. Let’s go. Let’s go,” Weaver can be heard saying on her body camera. Boykin is silent as Weaver calls his name and pats his leg. He doesn’t react when Weaver rubs his chest. Weaver calls, “Sarge,” as she pulls Boykin from the car and onto the cement floor of the basement. She immediately begins CPR and stops only to check Boykin’s neck for a pulse. Another officer works to unlock the cuffs and free Boykin’s hands from behind his back as Weaver continues chest compressions. Emergency medical help is summoned as officers continue CPR. More officers, a member of the jail’s medical staff, Texarkana Texas Fire Department and LifeNet personnel arrive. Weaver tells them she thought Boykin was exhibiting “felony faint. Weaver can be heard on her body camera stating: “He said he was gonna pass out but he is also being charged with a bunch of felonies so it’s one of those things.” “You know how he’s got the felony faint in the backseat? ‘Oh I’m gonna pass out.’ He’s fine. He kept saying he was tired, his legs hurt, he kept wanting to lay down. Normal stuff when you’re getting charged with felonies,” Weaver states on the body camera. Weaver acknowledges that she doesn’t know what occurred prior to her arrival at the scene of Boykin’s arrest. Custodial death report A custodial death report prepared by Texarkana College police and submitted as required to the Texas Attorney General states that Boykin’s death was “natural” and notes “complications of sickle cell trait,” as found at autopsy. A person with only a sickle cell trait, meaning they inherited the gene from one parent and not both, typically does not exhibit the symptoms experienced by a person with Sickle Cell Disease, according to the Centers for Disease Control website. Persons with Sickle Cell Disease must inherit the gene from both parents, according to the CDC. Sickle Cell Disease sufferers have irregularly shaped red blood cells which are responsible for carrying oxygen throughout the body. The CDC notes that some persons with sickle cell trait may “in rare cases” exhibit complications. Circumstances linked to sickle cell trait complications include dehydration and low oxygen levels caused by intense physical activity, the CDC site states. The death report states that Boykin was pronounced dead at 6:51 p.m., Aug. 29, 2019, at Wadley Regional Medical Center. The lawsuit Addison, Texas, lawyers Scott Palmer and James Roberts filed the suit on behalf of Darren Boykin’s mother, Keisha Boykin, and his estate in the Texarkana Division of the Eastern District of Texas. The suit alleges civil rights violations stemming from a lack of medical attention and alleges the three officer defendants breached their duty to provide it. The complaint asks for actual and punitive damages, compensation for Darren Boykin’s pain, suffering and mental anguish, compensation for his mother’s mental anguish and emotional distress, as well as funeral expenses and attorney fees. The case is assigned to U.S. District Judge Robert Schroeder III. Source link The post Texarkana police department named in wrongful death suit first appeared on Aggressive Injury Law. Stay ahead of the curveIn the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. 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TRY LAW360 FREE FOR SEVEN DAYS Source link The post Calif. High Court To Mull Releasing State Bar’s Girardi Files first appeared on Aggressive Injury Law. Napolin Accident Injury Lawyer Riverside, a firm based in Riverside, CA, wants people to know that they are ready to handle various accident cases, including wrongful death claims. A wrongful death claim is a case brought against a defendant who has caused the death of a person, either through negligence or as a result of some intentional action. Such a claim may be filed by the surviving family members or a representative of the estate of the deceased person, on behalf of surviving family members affected by the person’s death. Alexander D. Napolin, who has developed a reputation of being a top accident injury attorney in Riverside and surrounding areas, including his team of attorneys, are ready to handle such cases. A common example of wrongful death is a victim of a car accident, or any kind of accident, who passed away as a result of his or her injuries. For accident injury cases that resulted from the negligence of another person, it is important have it handled by a law firm with a reputation of success in such cases. However, a firm’s pass successes and length of experience will not necessarily determine the success of a particular case. This can only be guaranteed by the proper evaluation of the specific case and its timely prosecution, which is why Napolin Accident Injury Lawyer Riverside focuses on the client rather than on how much they have collected for other clients. “Since opening our doors in 2011, we have developed into a well-rounded California accident injury lawsuit law firm,” says Alexander D. Napolin. “Our reputation as quality Riverside California personal injury lawyers is not measured solely by the amount of money collected for my clients before you. Instead, it is best measured by the success stories that my clients experience when I apply my unique philosophy and method to their case. I have developed a great formula of success with client-attorney relationships that make each and every case a success.” The Riverside County personal injury lawyer advises the loved ones of people who have suffered a wrongful death that they need to be aware of the statute of limitations for such cases. A wrongful death should be filed to the state of California’s civil court system within two years from the date of the death of the victim, or else the family will lose their right to a wrongful claim. Meanwhile, they offer free consultation to the loved ones of the deceased to properly evaluate each particular case. The typical damages that can be claimed may include funeral and burial expenses, the income of the deceased person could have earned if not for his or her untimely demise, and compensation for the loss of the support and companionship the deceased person could have provided to his or her family. The wrongful death lawsuit may frequently be accompanied by a California “survival” cause of action, through which punitive damages may be provided. Such punitive damages are not available through a wrongful death lawsuit in California. Meanwhile, Napolin Accident Injury Lawyer Riverside also handles cases of victims of different kinds of accidents, such as car accidents, bicycle accident, hit and runs, slip and falls, pool accidents, medical malpractice, ride sharing accidents, and more. Motor vehicle accidents are the frequent cause of injuries to accident victims but there are others. For instance, a person may be bitten by a neighbor’s dog or any other kind of pet. People may also get hurt because of medical malpractice, which is the result of a medical professional’s negligence. Accident injuries can be in various forms, such as head injuries, burns, lacerations, whiplash, animal bites, back injury, broken bones, and more. The invite people who have suffered such injuries, or their loved ones, to schedule with the a free consultation to learn if they have a case and what they need to do. When requiring the services of an accident injury lawyer Riverside residents can visit the Napolin Accident Injury Lawyer Riverside website or contact them on the phone or through email. They are open from 8:00 am to 6:00 pm from Monday to Friday. ### For more information about Napolin Accident Injury Lawyer Riverside, contact the company here: Napolin Accident Injury Lawyer Riverside Source link The post Top Accident Injury Attorney in Riverside Handles Wrongful Death Cases first appeared on Aggressive Injury Law. Stay ahead of the curveIn the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS Source link The post Travelers Owes Builder Defense In Job Site Injury Suit first appeared on Aggressive Injury Law. Family members of victims killed two years ago, when a dive boat caught fire off Santa Cruz Island, on Wednesday filed a lawsuit against the U.S. Coast Guard alleging wrongful death in the tragedy that claimed 34 lives. The Coast Guard certified the boat, named Conception, to carry passengers after routine inspection in 2019 even though the “overburdened shipboard electrical system had been designed, developed, built, installed and refurbished without adequate fire protection,” alleged the lawsuit filed in federal court in Los Angeles.. The Coast Guard under federal law conducts annual inspections and certifications of boats like the Conception, including biannual hull and structural examinations. In 2018, a year before the massive fire, Conception’s sister ship, Vision, also owned by Truth Aquatics, nearly had its own fire, according to the lawsuit. Smoke rose from two lithium batteries that were plugged into a power strip on board, but a passenger was able to safely smother the fire. The lawsuit alleges the Coast Guard, through its inspections, should have known that Truth Aquatics “added undocumented and ill-designed electrical outlets throughout the vessel for the purpose of battery charging” and encouraged passengers to charge their electronics on board, including lithium batteries. In the early hours of Sept. 2, 2019, crew members on board discovered a fire that killed all 33 passengers on board and one crew member. It was the worst maritime disaster in California since the 1800s. Federal safety officials blamed the disaster on Truth Aquatics’ lack of oversight, including having a required roving patrol that officials said could have alerted those on board earlier when the fire started. The boat’s owners have also been sued by family members who allege wrongful death. The boat’s captain, Jerry Boylan, has pleaded not guilty to 34 counts of manslaughter. The Coast Guard has not yet responded to the lawsuit, which seeks unspecified monetary damages. The Conception fire prompted the Coast Guard and Congress to reexamine small passenger vessel regulations and training exercises were implemented as part of a Coast Guard-wide overhaul aimed at reducing passenger vessel safety infractions that could result in deaths at sea, officials have said. Source link The post Families sue Coast Guard, charging wrongful death two years after Conception boat fire killed 34 people – Daily News first appeared on Aggressive Injury Law. Family members of the 34 people who died in the Conception dive boat fire off the Channel Islands in 2019 are suing the U.S. Coast Guard, alleging it failed to enforce regulations and allowed the vessel to operate with substandard electrical and safety systems that led to the deaths. The suit was filed Wednesday on the eve of the second anniversary of the fire, the worst maritime disaster in modern California history. It also comes as the captain of the vessel, Jerry Boylan, is facing 34 counts of seaman’s manslaughter for his failure to have a required roving watch person who could have detected the fire sooner, possibly in time to save the 33 passengers and one crew member who were sleeping below deck during the Labor Day weekend dive excursion. The National Transportation Safety Board has previously cited the failure by Boylan and the Conception’s owner, Truth Aquatics, to comply with Coast Guard requirements that it run a roving watch person whenever passengers were sleeping below deck, as well other safety procedures. Boylan has pleaded not guilty and is awaiting trial. But the wrongful-death lawsuit filed Wednesday in federal court in Los Angeles portrays the Coast Guard as the enabler that helped send the 34 people to their deaths in Platts Harbor off Santa Cruz Island with failed oversight. Less than a year before the fire, the Coast Guard certified the boat to carry 40 passengers overnight “even though her electrical wiring systems, her fire detection and suppression systems and passenger accommodation escape hatch were in open and obvious violation of” federal regulations, according to the lawsuit. In the aftermath of the fire, the Coast Guard inspected the Conception’s sister vessel, the Vision, and “discovered numerous glaring deficiencies” in its wiring and electrical systems, fire detection and suppression systems and its escape hatch, according to the suit. The Vision is similar in build and design to the Conception and was also owned by Truth Aquatics. “Had the Coast Guard properly inspected the Conception it never would have been certified, never set sail, and these 34 victims would not have lost their lives,” said Jeffrey P. Goodman, who represents several of the families and speaks for the legal team. “Sadly, certifying noncompliant vessels is commonplace at the Coast Guard,” he added. “The time has come for the Coast Guard to be held accountable for its failures to protect those victims and prevent future maritime disasters on America’s waterways.” Coast Guard officials could not immediately be reached for comment on the lawsuit. Goodman said that although most people know of the men and women who risk their lives in critical safety missions, the Coast Guard also is a regulatory agency responsible for properly certified vessels. “The Coast Guard has failed in that mission for decades by not enforcing certification requirements and routinely allowing noncompliant and unsafe vessels on the water,” he said. The lawsuit notes that an examination of the Vision revealed homemade repairs done with the kind of wiring available at Home Depot and not of the quality used in maritime vessels. The boat’s electrical system was so stressed that it could not run when the galley stove was on. The suit notes that in 2013, the Coast Guard started publishing so-called Navigation and Vessel Inspection Circulars and safety alerts about the danger of circuit overloads and shipboard fires caused by power strips and rechargeable devices aboard vessels. The suit alleges the Coast Guard knew or should have known that Truth Aquatics added “undocumented and ill-designed electrical outlets throughout the vessel for the purpose of battery charging” and encouraged passengers and crew to charge video cameras, smartphones, underwater scooter power packs and other lithium-ion battery equipment. Eleven months before the deadly Conception fire, those on a dive trip on the Vision saw a battery being charged spark flames, which was then smothered with a dry chemical fire extinguisher and tossed in a bucket. The Conception consisted of three decks: the pilot house and crew quarters on top; a middle deck, where the fire ignited; and sleeping quarters in the belly of the vessel. The NTSB determined the fire began in the back of the middle deck salon, where lithium-ion batteries were being charged. But the agency could not say whether it was the source that ignited the blaze. Those sleeping below deck were trapped beneath the fire. There were signs that some were awake with their shoes on before they were killed by smoke inhalation. The NTSB faulted Truth Aquatics for running a vessel with little or no oversight, which Truth Aquatics’ attorneys strongly deny. The families are already suing Truth Aquatics for wrongful death and negligence in the operation of the Conception. window.fbAsyncInit = function() { FB.init({ appId : '134435029966155', xfbml : true, version : 'v2.9' }); }; (function(d, s, id){ var js, fjs = d.getElementsByTagName(s)[0]; if (d.getElementById(id)) {return;} js = d.createElement(s); js.id = id; js.src = "https://connect.facebook.net/en_US/sdk.js"; fjs.parentNode.insertBefore(js, fjs); }(document, 'script', 'facebook-jssdk')); The post Coast Guard is sued over Conception dive boat disaster first appeared on Aggressive Injury Law. |
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