Recent Posts in Wrongful Death Category

In Phoenix, police officers report that a 3 year old boy died on Sunday night from the injuries he suffered during a car accident.  The young boy had been riding as a passenger in a car that had slammed into a tree.

At this time, police are conducting investigations to see if the accident involved drag racing between a 2000 Ford Mustang and a Chevrolet Silverado pickup truck.  Officers say that instead of staying at the scene of the accident, the driver of the Silverado fled.  The driver has since been identified at 18 year old Alexandra Espinoza.

During the tragic accident, two passengers were ejected from Espinoza's vehicle.  They were her 14 year old sister and her sister's 16 year old boyfriend.  Both passengers had to be hospitalized. A 14 year old boy that was in the front seat as a passenger was also killed.  Police believe that the 14 year old took his parent's vehicle without permission.  The 3 year old boy was his brother.

At this time, police are asking the public for help as they try to find the truck and the driver.

If you were involved in a serious accident and suffered physically, emotionally or financially, now is the time to discuss your legal options with a Phoenix personal injury attorney at the Knowles Law Firm.  Contact us today to set up a case evaluation.

The family of a 7-year-old girl filed a wrongful death lawsuit against Allergan, Inc., the maker of the popular cosmetic drug Botox, alleging the company failed to warn doctors that prescribing large dosages of the drug to children could be dangerous.

Earlier this month an Orange County, California jury sided with Allergan, stating that the drug maker did provid adequate warnings about the drug’s risks and dangers.

The lawsuit was filed by the family of Kristen Spears, who was receiving large doses of Botox to help treat the side effects of her cerebral palsy. Botox helps relax contorted muscles and reduce limb spasticity, something Spears was suffering from. Spears’ mom, Dee, claims that after her daughter received large doses of the drug she developed pneumonia and respiratory failure, and later passed away. In her lawsuit, Dee Spears claims Allergan failed to provide adequate labels warning doctors of the drug’s dangerous side effects in children. Although some members of the jury agreed the drug does pose a risk of danger that “ordinary consumers” may not recognized, they ultimately determined that Allergan did not breath its duty to warn doctors and consumers of the drug’s risks, and therefore was not held liable for the drug’s adverse effects.

A Tucson jury has ruled in favor of a police officer who was sued by the parents of man the officer shot multiple times during a domestic disturbance dispute.

On Feb. 15, 2006 Tucson police officer Jeff Stover came to investigate a domestic disturbance situation at an apartment on South Campbell Road after a 911 call was received.  Inside the apartment, Stover ended up shooting and killing D’Angelo Rivera.

Stover, who shot Rivera seven times, told investigators that he fired the shots because Rivera pulled out one of two handguns and pointed it at Stover. Rivera’s girlfriend disputed Stover’s story, but a police review board ruled that Stover had acted appropriately. 

In 2007 Rivera’s parents filed a wrongful death lawsuit against Stover in federal court. Their attorney claims Rivera was down on his hands and knees and was not holding any type of weapon when he was shot.

Last week, the jury determined Stover was justified in shooting Rivera.

Sometimes those enlisted to protect and serve the community are the very people who end up violating the law. There have been countless instances in which police officers cross the line and take advantage of their power and authority. Police brutality and excessive force are very real issues that affect thousands of suspected criminals throughout the country.

If you or a loved one was harmed or injured by a police officer, a Phoenix personal injury attorney at the Knowles Law Firm can help you take legal action. You might be thinking you have no chance at winning a case against an officer. Please rest assured the police are not above the law. They can be found negligent and can be held liable for their actions. At the Knowles Law Firm we can advocate your legal rights and pursue an aggressive claim against the officer responsible for your injury.

For more information about our services, please call (888) 332-5621 or (602) 702-5431 today!

A wrongful death trial is underway for a lawsuit filed against the city of Tucson for a drunk driving accident that left a teenager dead.

The parents of 14-year-old Jose Rincon Jr. claim the city of Tucson, Glenda Rumsey, and Chuy’s restaurant are to blame for the death of their son, who died after he was hit by a car driven by Rumsey while riding his bicycle.

The accident occurred in January 2008. After consuming 10 beers in five hours, Rumsey got behind the wheel and drove. At some point, her car struck Rincon and a friend who were riding their bicycles. Evidence later proved Rumsey’s blood alcohol concentration was .249 percent two hours after the accident, which is three times the .08 legal limit.

Rumsey has since been convicted of vehicular manslaughter and sentenced to 14 years in prison. The Rincons settled their lawsuit against Chuy’s for an undisclosed amount.

The Rincon’s attorney, Ronald Mercaldo, is arguing that the city of Tucson is also to blame for the fatal accident. He said a city engineer abandoned plans to add five feet of asphalt to the roadway. Mercaldo argued that had the road been five feet wider the accident never would have happened.  

Richard Davis, the attorney defending the city, said that Rumsey had driven on the road where the accident occurred many times, and that she knew the lanes merged. He also said there were plenty of signs, and argued that roads cannot be designed to be “drunk driver-proof.”

If you have lost a loved one in a drunk driving accident or bicycle accident, a Phoenix personal injury attorney at the Knowles Law Firm, PLC would be happy to meet with you during a free consultation to discuss your rights to wrongful death benefits. To arrange a free consultation, please contact the office today by calling (888) 332-5621 or (602) 702-5431!