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Miss. SC: City police immune from wrongful death suit – Legal News Line

Miss. SC: City police immune from wrongful death suitBY JESSICA M. KARMASEKJACKSON, Miss. (Legal Newsline) – The Mississippi Supreme Court ruled last week that Jackson police officers did not act with “reckless disregard” of a woman’s safety in a wrongful death suit filed by her family.In its July 26 opinion, the Court reversed a decision by the Hinds County Circuit Court.In September 2007, Jackson police officers were dispatched to the home of Doris Shavers on Ludlow Avenue, in response to calls that an armed man was making threats toward a minor on a bicycle. The “armed man” was Henry Phillips, who was living with Shavers at the time.When officers arrived, Phillips was in possession of a .25-caliber weapon with a silver and brown handle. Officers left the scene, but returned shortly after to take the weapon from Phillips.While one officer was with Phillips retrieving the gun, another officer talked with Shavers. There was no indication that Shavers was afraid of Phillips or that she wanted Phillips removed from her house.With Phillips’ help, the officers found the .25-caliber weapon in a nearby field and confiscated it. Shavers then went to her mother’s home, also on Ludlow Avenue. When police left the scene, they took with them the gun they confiscated from Phillips.Less than 10 minutes later, officers were dispatched back to Ludlow Avenue on a reported shooting. Phillips, using a different gun, shot and killed Shavers in her home.Phillips pleaded guilty to murdering Shavers and is currently serving a life sentence.In June 2008, Shalandria Shavers, individually and on behalf of Doris Shavers’ beneficiaries and heirs, sued the city of Jackson, the Jackson Police Department, Henry Phillips and eight unnamed individuals for the woman’s wrongful death.The [...]

By |August 4th, 2012|News|Comments Off on Miss. SC: City police immune from wrongful death suit – Legal News Line|

Ind. SC: Wrongful death suit should be tried in British Columbia – Legal News Line

Ind. SC: Wrongful death suit should be tried in British ColumbiaBY JESSICA M. KARMASEKINDIANAPOLIS (Legal Newsline) – The Indiana Supreme Court said in a ruling Monday that British Columbia is an “adequate” forum for a lawsuit filed over a bizarre helicopter accident.Plaintiffs Dalmas Maurice Otieno Anyango and Jane Tinna Agola Otieno sued Bell Helicopter Textron Inc., Rolls-Royce Corp. and Honeywell International Inc. in Indiana’s Marion County Superior Court for the wrongful death of their son, 20-year-old Isaiah Omondi Otieno.Isaiah, a Kenyan citizen and student at the College of the Rockies in Cranbrook, British Columbia, was mailing a letter from Canada to his parents in Kenya when a helicopter flying overhead lost power.The helicopter crashed to the ground and killed him, along with the helicopter’s pilot and two passengers.In their suit, the Otienos sought to recover on theories of strict liability and negligence based on the design and manufacture of the helicopter engine and engine component parts, and on the failure to certify and recommend safe and proper replacement parts.Bell was the manufacturer of the helicopter. Its engine was manufactured in Indiana by the Allison Division of General Motors, which sold its assets to a company that was later purchased by Rolls-Royce. The helicopter’s engine components were designed at Honeywell’s facility in Indiana and then manufactured in North Carolina.Representatives of the three other people killed in the accident sued the defendants and others in British Columbia on similar theories.Soon after, the companies filed both a motion to dismiss the Otienos’ suit and a stipulation that they would submit to the personal jurisdiction of and waive any statute of limitations defenses in British Columbia.The Marion Superior Court granted the defendants’ motion to dismiss in favor of [...]

By |August 3rd, 2012|News|Comments Off on Ind. SC: Wrongful death suit should be tried in British Columbia – Legal News Line|