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Michelle Parker’s Mom Files Wrongful Death Lawsuit Against Missing Daughter’s … – Huffington Post

The mom of an Orlando woman who has been missing since 2011 filed a lawsuit against her daughter’s ex-fiance, claiming he’s responsible for her death.

The suit, filed by Michelle Parker’s mother, Yvonne Stewart last week, claims Dale Smith Jr. was “negligent or otherwise committed a wrongful act and caused the death” of his ex-fiance, according to Fox News.

Parker, a 33-year-old mother of three, disappeared on November 17, 2011, the same day an episode of “The People’s Court” aired in which “the couple argued over a lost engagement ring,” according to the Orlando Sentinel. Her family assumes she’s dead, but police consider her a missing person still.

Smith is the only suspect in Parker’s disappearance but he has not been charged with any crime, WESH reports.

Stewart’s lawyer, John Morgan, explained the rationale behind the $ 15,000 suit.

“This is really about accountability and people answering questions that really haven’t been answered yet,” Morgan said. “Yvonne last night was sobbing, and because she feels like nobody ever had to answer for what really happened.”

Last November, police officers with search dogs and more than 100 civilians searched for Parker near Smith’s residence. The area was previously searched when the initial investigation began.

The criminal investigation remains open.

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By |March 12th, 2013|News|Comments Off on Michelle Parker’s Mom Files Wrongful Death Lawsuit Against Missing Daughter’s … – Huffington Post|

Florida wrongful death actions – Palm Beach Post

By Theodore Babbitt

The rights available because of death caused by negligence vary from state to state. In Florida, the right to recover after a family member or loved one dies because of negligence is spelled out in Florida Statute section 768.21 and focuses on compensating those who survive the decedent. Persons who may be able to recover under the wrongful death statute include spouses, children and parents, others dependent on the decedent for support, as well as the personal representative for the benefit of the deceased’s estate.Damages include loss of support, lost earnings, and the mental pain and suffering of survivors because of the untimely death.In Medical Malpractice Actions there are limitations on eligible survivors. For example, when the decedent is a parent, the adult children (over the age of 25) do not have a claim. In addition, in Medical Malpractice Actions, when the decedent is an adult child, the parents of the decedent do not have a claimWhether someone dies due to negligence of another or because of a defective product or drug, those left behind have questions and need help. While filing a wrongful death claim will not bring back a loved one, it can help to provide financial relief to those survivors and loved ones left to grieve. Talk to an experienced wrongful death attorney about your options.

Theodore Babbitt is the founding partner in the trial firm Babbitt, Johnson, Osborne & LeClainche. Mr. Babbitt is a former President of the Palm Beach County Bar Association and a member of Inner Circle of Advocates. He has written over 100 articles, chaired numerous professional committees, and been listed for more than 20 years in The Best Lawyers in America.
Babbitt, Johnson, Osborne & [...]

By |December 27th, 2012|News|Comments Off on Florida wrongful death actions – Palm Beach Post|