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Settlement reached in wrongful-death suit involving Moss Point man impaled at … – (blog)

Mobile, Alabama — As a jury labored into its second day of deliberations this afternoon, attorneys agreed to settle a lawsuit involving the gruesome death of a Moss Point, Mississippi, man.
Lawyers declined to reveal the terms of the confidential settlement.
Relatives of Roosevelt Jones had alleged that a gate at the Greater Gulf State Fairgrounds was defective, killing him in 2006 as he was preparing to leave the parking lot after attending the annual Spring Fling blues festival. According to testimony at the civil trial, the arm of the gate swung loose, crashed through the windshield and impaled Jones through the head.
An attorney for the fairgrounds, a project of the Moblie Jaycees, argued that Jones caused his own death by knocking into the gate. Attorney Mark Newell offered evidence that Jones had been drinking that day and had a blood-alcohol content of .10, above the legal limit in Alabama.
The jury deliberated for about an hour Tuesday and most of today. Jurors at one point asked Mobile County Circuit Judge Rick Stout to explain to them again the concept of “contributory negligence,” which means that a jury is supposed to rule in favor of the defense in a wrongful-death suit if it determines that the victim was partially responsible for the accident.
It was the second time the case had gone to trial, after the first story deadlocked in February.
“Of course, we don’t know what is going on in that room, but I think that both sides felt like there might be a hung jury again,” said Ian Baker, an attorney for the plaintiff.
Although jurors had not indicated that they had reached an impasse, Newell said he believed it might [...]

By |September 28th, 2012|News|Comments Off on Settlement reached in wrongful-death suit involving Moss Point man impaled at … – (blog)|

Shenandoah council does ‘not object’ to wrongful death lawsuit settlement – Republican & Herald

SHENANDOAH – The Shenandoah Borough Council does “not object” to the settlement of the wrongful death lawsuit filed by the family of a Shenandoah man who died while in custody of borough police in 2004.
The vote was held at Monday’s meeting to settle the lawsuit out of court for $ 600,000, with council President Leo Pietkiewicz, Vice President Brian Conroy, John Szczyglak, Paul J. Holland, Andrew Szczyglak and Robert Kulpowicz approving the motion. Abstaining was Raymond Nestor, who is the father of former police Chief Matthew R. Nestor, who along with former police Capt. Jamie Gennarini and the Borough of Shenandoah, were named in the lawsuit.
The civil lawsuit was filed in the U.S. District Court for the Middle District of Pennsylvania on Nov. 27, 2006, by Carlos J. Vega, Shenandoah, and Genevieve F. Victor, Hazleton, parents of the late David L. Vega. The reaching of a settlement was announced July 5 by U.S. District Judge John E. Jones III.
The lawsuit alleged that David Vega was killed by borough police while in custody, with his death made to look like a suicide. The parents had asked for unspecified actual and punitive damages in excess of $ 150,000, plus attorney fees and costs, from the defendants, alleging numerous violations of their son’s legal rights, and demanded a jury trial of the case.
In February, Jones ruled that the Vega family had presented enough evidence that justified a trial in the wrongful death lawsuit and scheduled the case for the August trial term. The position of the defendants was that David Vega did commit suicide, which was the determination of a county deputy coroner.
The $ 600,000 settlement will be paid [...]

By |July 24th, 2012|News|Comments Off on Shenandoah council does ‘not object’ to wrongful death lawsuit settlement – Republican & Herald|