Shooting

Virginia Tech Victims’ Families Win $8M in Wrongful Death Lawsuit

Families of two victims of the 2007 Virginia Tech shootings will receive $8 million in a wrongful-death lawsuit, a jury ruled Wednesday.

The suit, brought by relatives of slain students Erin Peterson and Julia Pryde, alleged Virginia Tech officials were negligent in taking too long to notify the campus that a gunman was on the loose, WTKR-TV reports.

The Virginia Tech massacre began when two students were shot and killed in a dorm on April 16, 2007. School officials did not alert the campus because they believed the shootings were an isolated incident, Virginia Tech’s attorneys said.

Later, student Seung-Hui Cho gunned down 30 more people, including Peterson and Pryde, before turning the gun on himself. It was the deadliest school shooting in U.S. history, according to WTKR.

Virginia Tech’s failure to warn anyone about a gunman on campus led to the killing of Peterson and Pryde, their families’ wrongful-death lawsuit asserted.

But the school’s lawyers argued there was no evidence that a warning would have changed what happened that day. No one could have reasonably foreseen Cho’s massacre, they argued.

In a negligence case, a defendant is generally held liable only for harms that could have been reasonably foreseen by the defendant’s actions, or failure to act. Whether a result was foreseeable is a factor in establishing causation, one of the essential elements of negligence.

Jurors deliberated for more than three hours Wednesday before siding with the victims’ families, MSNBC reports. Each family will receive $4 million from the state of Virginia, because Virginia Tech is a state university.

Attorneys for the state immediately filed a motion to reduce the Virginia Tech lawsuit award, citing a state law that caps jury awards at $100,000, MSNBC reports. Jurors were not instructed about the cap, the attorneys argue.

Suspect fatally shot by police in La Mirada was unarmed

A murder suspect who was shot and killed March 1 by LAPD officers and an FBI agent in La Mirada didn’t have a gun despite police saying he fired at them while on a rooftop, according to authorities Wednesday, LAPD officials said initial reports that Frank Eric Martinez fired on the officers are incorrect and no weapon has been located.

“Investigators are evaluating multiple factors to determine the actions of both the officers and the suspect at the time of the shooting. Interviews of the officers and agents at the scene of the shooting, as well as witnesses to the incident are continuing.”

FBI spokeswoman Laura Eimiller also said Wednesday that no weapon was found.

Civil Rights Violation

Some of the most terrifying forms of civil rights violations that a person can face can come from the police officers that are sworn to serve and protect. If your civil rights have been violated in California, you need the best possible lawyers fighting for your rights.  Civil rights attorney Gary A. Kessler is highly experienced in cases involving violation of civil rights.  Our law firm’s history of success is unparalleled and our case results show that time and time again, we get excellent results for victims and their families.  Choosing our firm to represent you ensures that you have a legal force on your side that has recovered millions of dollars for victims of civil rights violations.

Excessive/ Unreasonable Force

Officers are legally allowed to use a reasonable amount of force in certain situations involving criminals, or suspected criminals.  There is a fine line, however, between reasonable force and excessive force.  In all situations, the absolute minimum amount of force should be used to subdue a suspect.

You Have Rights

U.S. code section 1983 was specifically created to help victims of civil rights violations by police officers, and other persons in authority.  Attorney Gary A. Kessler has extensive experience successfully representing clients in a variety of claims including arrests, unlawful seizures, use of excessive or deadly force.

The laws regarding law enforcement shooting cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced law enforcement shooting lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California civil rights attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one.  The Law Offices of Gary A Kessler carefully selects its accidental shooting cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your law enforcement shooting case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a  thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury (law enforcement shooting) cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

Contact the Law Offices of Gary A Kessler immediately to protect your rights and to get for you and your family the best possible results attainable.

 

 


 


Investigators Find No Weapon in Fatal Lancaster Deputy Shooting

 

LANCASTER, Calif. (KTLA) — Sheriff’s detectives investigating the shooting death of a man Saturday by deputies have not found the weapon the deputies thought the man was reaching for when they shot him.

The shooting happened around 10:55 p.m. Saturday near the intersection of 10th Street West and Avenue J-4.

Two deputies approached Christian Cobian, 26, because he did not have a light on his bicycle.

Cobian ignored the deputies’ commands to stop, abandoned his bicycle and began running.

The deputies chased Cobian for a short distance before he allegedly reached for his waistband. That’s when at least one of the deputies opened fire, hitting Cobian.

Paramedics pronounced Cobian dead at the scene.

No deputies were injured in the incident.

Sheriff’s officials said Cobian, a gang member in Inglewood, was wanted on a felony narcotics warrant.

He was on probation for receiving stolen property and had three previous felony convictions.

Cobian’s family says he was not looking for any trouble and had attended a family party earlier that night celebrating the baptism of his niece and nephew.

Relatives say they recently moved to Lancaster from Inglewood to get away from crime and gangs.

The shooting remains under investigation. The Los Angeles County District Attorney’s Office will determine if the shooting was justified.

Wrongful Death

The term “wrongful death” is defined as the death of an individual as a result of the negligence, carelessness, intentional act of another individual, corporation, company or entity.  Filing a proper wrongful death claim is extremely difficult and complex for families because they are not only dealing with their grief over the death of a beloved family member, but also complex issues of compensation as well.  Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money as well as loss of support and grief due to the wrongful death of the decedent.

In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties.  In order to file a wrongful death claim, you must be able to prove that you will experience severe future emotional and financial hardship because of the loss of the death of a relative, family member or spouse.

The laws regarding wrongful death cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced wrongful death lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.


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Gary Kessler, California Personal Injury Lawyer Disclaimer: The California personal injury, wrongful death, swimming pool drowning, boating accident, dog bite, amusement park negligence, pedestrian accident, product liability, aviation accidents, or any other California legal information presented at this site should not be construed to be formal legal advice, nor the creation of a lawyer or attorney client relationship. The information contained herein is intended for information purposes only and should not be considered legal advice. All results described on this site were based on the individual facts of those said cases and are not indicative of future settlements. Results will differ from case to case. Please contact Gary A. Kessler, a California lawyer at our California law firm offices in Newport Beach or our San Francisco Bay Area office.

The Law Offices of Gary A. Kessler are licensed to practice in California, District of Columbia & Pennsylvania. Through local law firms with which we have associations, we are able to represent Personal Injury and Wrongful Death cases across the United States. Our associations allow us to represent clients"pro hac vice", meaning "for this particular occasion". In order to effectively and efficiently represent the client in these cases, we will employ the local law firms (at no additional cost to our client) to make routine court appearances and proceedings where it is necessary to assist our clients case.