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  • Wrongful Death Suit Dismissed Four Years After Death

    On behalf of The Frickey Law Firm on Monday, October 8, 2012.

    People of Colorado may want to take note of a wrongful death dismissal in recent news. The death of a 47-year-old man came at an unexpected time in his life. According to reports, the man was outside of a company’s scrapyard in September 2008 when he was shot and killed by a security guard. The incident instigated the filing of a wrongful death suit more than two years later, in October 2010. Recently, that suit was settled.

    According to reports, the 47-year-old was shot by a 50-year-old man working as a security guard that night. The victim died outside of the entrance to the scrapyard, but investigators believe that the 50-year-old man moved the body of the deceased onto the premises and placed a baseball bat on him so that it would seem as if he was intending something he was not.

    The 50-year-old man was a regular employee of the company and was working as a security guard that night to assist another guard. According to records, the 50-year-old pleaded guilty to criminally negligent homicide and received a sentence of more than two years in prison. Currently, he is listed by the Colorado Department of Corrections as on parole. The security guard he was assisting was sentenced to two years of probation after he pleaded guilty to a misdemeanor charge of prohibited use of a firearm.

    A woman with the same last name as the 47-year-old-related somehow to him-filed a suit against American Iron and Metal, the company that owned the scrapyard where the 47-year-old was shot. But the suit was dismissed in September after the involved parties reached a settlement.

    The settling of a suit may not be enough for some people. In many cases, a settlement is agreed to because the case has been ongoing for years. In this case, the wrongful death suit has been in court for two years, long enough to see court costs and legal fees add up. Add the financial expenses into the emotional costs of having the death of a loved one on display in court for years after the event and it is no wonder that the plaintiff chose to settle. Working with an experienced attorney may help Colorado residents to move forward in a wrongful death lawsuit, should they find themselves in a similar situation.

    Source: Pueblo Chieftain, “Wrongful death suit dismissed,” Jeff Tucker, Oct. 3, 2012