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Wrongful Death

Wrongful Death Lawsuit Filed Against Hillary Clinton

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The parents of Sean Smith and Tyrone Woods, two of the Americans killed in the Benghazi attacks, have filed a wrongful death lawsuit against former Secretary of State Hillary Clinton, according to a report by the New York Times. In the suit (available here), the parents allege that Hillary Clinton negligently contributed to their sons’ deaths by using a private email server and purposefully passing along incorrect information. This case presents interesting legal questions what a plaintiff must prove in terms of jurisdiction, statute of limitations, and causation to win a wrongful death claim in a court of law.

Jurisdiction and Venue

Two of the initial steps in bringing a lawsuit are establishing jurisdiction and venue. It’s important to point out that most wrongful death lawsuits are filed in state court and are governed by state wrongful death statutes. These statutes and state civil procedure can differ dramatically between the states. However, the lawsuit filed against Hillary Clinton was filed in federal court. In order to have a case heard in federal court, the plaintiff must establish that a federal district court can exercise jurisdiction over the matter. [Read more…] about Wrongful Death Lawsuit Filed Against Hillary Clinton

Good Samaritan Run Over after Finding Child in Hot Car

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kids in car“A good deed never goes unpunished.”

Unfortunately, this very cynical adage seems to apply in a recent, appalling situation in Colorado.

Shannon Dominguez and her boyfriend, Alan Mason, were sitting in their car in the parking lot of a Dollar Tree when they noticed a four-year-old child sitting in a car alone. The windows were rolled up, and the sun was beating down on the car. It was a hot day.

Perhaps remembering news on the recent rash of deaths of children left in hot cars, the couple decided to call 911.

The mother of the child, Kristina Riddell, came out of the store to overhear Dominguez on the phone with police. She then became enraged, threatening the couple. [Read more…] about Good Samaritan Run Over after Finding Child in Hot Car

Police Seeking Man Who Crashed into Day Care

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Day care | Personal Injury Attorney | Huntsville, AL | Martinson & Beason, P.C.Recently, tragedy struck a Florida day care center, as a two-car accident ended with one driver crashing through the wall of the day care.

According to CNN, the driver of an SUV hit another car, causing him to careen into the day care. The responsible driver fled the scene, which prompted a manhunt. The driver of the car stayed at the scene while a tow truck removed his car from the wreckage.

The crash injured 14 children and one adult, 12 of whom were taken to nearby hospitals. Tragically, one girl was killed in the accident. [Read more…] about Police Seeking Man Who Crashed into Day Care

GM Recalls Nearly 1.4 Million Cars after Deaths Linked to Defect

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Chevy Defects | Car Accident Lawyer | Huntsville, AL | Martinson & Beason, P.C.In the past few years, several car companies have issued high-profile recalls of their cars. First, it was Toyota. Now, General Motors is recalling nearly 1.4 million of its vehicles due to a faulty ignition switch.

Because of the defect, the car switches off, which also disables the airbags and other safety systems.

Sadly, the recall has come too late for the number of people who were injured or died in car crashes. [Read more…] about GM Recalls Nearly 1.4 Million Cars after Deaths Linked to Defect

Car Accident Deaths on the Rise

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car wreckCar accidents are on the rise, with 1.24 million people dying on the world’s roads each year. That’s greater than the population of nine different U.S. states. That number is expected to jump to 3.6 million worldwide by 2030. But despite the worldwide increase in traffic deaths, data from the National Highway Traffic Safety Administration (NHTSA) shows that the U.S. has seen an overall decrease in traffic deaths, from 15.64 per 100,000 people in 1994 to 10.39 per 100,000 in 2011. [Read more…] about Car Accident Deaths on the Rise

Alabama Elevator Accident Kills Hospital Employee—When Can Surviving Family Members Sue?

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Alabama Elevator Accident | Martinson & Beason, P.C.A Decatur-Morgan Hospital employee is dead as a result of an October accident. The employee was working on the freight elevator alone when it moved, crushing him. Because the man was working alone, there is no eye-witness account of the accident.

When an employee is injured in a workplace accident, a workers’ compensation claim is typically the only remedy available to the employee. [Read more…] about Alabama Elevator Accident Kills Hospital Employee—When Can Surviving Family Members Sue?