Wrongful Death Lawsuit Filed Following “Expendables 2” Stuntman’s Death

Recently, the family of a stuntman who died from an explosion while filming the movie “The Expendables 2” has filed a wrongful death lawsuit against the movie’s producer, Nu Image and Millennium Films, as well as the movie’s stunt coordinator.

The said wrongful death claim was filed before the office of the Los Angeles Superior Court by the parents of the late stuntman, Kun Liu.

Liu died on October 27, 2011 in Bulgaria while making the action sequel. According to court documents, the victim’s spouses, Zong Yu Liu and Tan Mei Bai, claim that the studio, and the second unit director/ stunt coordinator, Chad Stahelski, are responsible for the unsafe conditions during a boat sequence that caused Liu’s death. The lawsuit is seeking for unspecified damages.

Furthermore, the lawsuit alleges that the defendants failed to organize, plan, set-up, produce, direct, train, coordinate and prepare for the scene and recklessly implemented the stunt that involved the use of explosives and other extra-risky activities in the rubber boat.

Star-writer Sylvester Stallone, Director Simon West or other co-actors in the film was not involved in the lawsuit. The said movie is set to be released on August 17 by Lionsgate in United States.

Wrongful death is the term used to describe when an individual is tragically killed due to a misconduct or negligence of another individual or party.

In Los Angeles, if you suspect that the main reason for your loved one’s death is due to negligence or misconduct of others, it is best that you get in touch with consult a Los Angeles wrongful death lawyer that is competent and passionate in providing service.

Condominium Complex Home Owners Association Sued for Resident’s Wrongful Death

A condominium complex’s Home Owners Association is being sued for wrongful death by the daughter of a tenant who was killed by her husband in their own unit.

Last April 10, Marlene Martinez filed a wrongful death lawsuit against the Glenoaks Townhomes home owners association before the office of Los Angeles Superior Court following the death of her 33–year-old mother, Olga Martinez.

The older Martinez was stabbed to death by her husband, Napoleon E. Castro, 36. Based on the investigation, she was found prostrating in her own blood at the garage entrance of the complex in 11150 Glenoaks Blvd.

The Aberdeen Management Co. and the Centurion Security Inc. that provided security service to the condominium complex were also named in the lawsuit. Martinez’s daughter is seeking for unspecified compensatory damages in her lawsuit.

In her lawsuit, Martinez’s daughter claimed that the homeowners association, as well as the other accused, knew right from the very start that Martinez had a restraining order against her husband and that the latter posed threat to her mother. 

Marlene Martinez further stated in her lawsuit that the accused were supposedly to provide security in the gated housing community and restrict unauthorized visitors. Apparently, the accused breached their duty by allowing Castro to enter the building.

The murder suspect is a native of El Salvador and has worked in the construction industry. The FBI described Castro as a man with multiple tattoos and was known to use several aliases such as Luis Sanchez, Juan Flores, Napoleon Edvardo Castro, and Napoleon Edwardo Castro with varying birthdates as June 10, 1975, June 7, 1975, and Oct. 10, 1975.

Castro is no longer a stranger to the FBI since he was a fugitive and was considered armed and dangerous. Castro was known to have ties in Worcester, Massachusetts, and El Salvador.

Castro is also known as “Napo”, meaning “trouble”. He is charged with murder and torture in Los Angeles Superior Court. The special circumstance allegations of murder involving the infliction of torture and lying in wait were involved in the murder charges, and such could make him eligible for the death penalty once he became convicted.

To avoid further prosecution, Castro was charged with unlawful flight in the US District Court in downtown Los Angeles and a federal warrant of arrest was also issued in.

In the said wrongful death claim, the complainant obviously has all the right to file for a claim since the accused clearly failed to provide a level of security within the said premises. However, the parties accused will definitely try to go to great extents to defend themselves. As a result, Martinez’s daughter must need to be sure that she will get the very best wrongful death attorneys in Los Angeles possible for her claim.

NFL Faces another Lawsuit Following the Wrongful Death of a Former Player

 The National Football League is again facing another lawsuit following the death of former Chicago Bears player, Dave Duerson.

The wrongful death lawsuit has been filed by Duerson’s family a week after a batch of former NFL players from Louisiana sued NFL for their own concussions.

Duerson died on February 17, 2011. He actually committed suicide through shooting himself in his own house at Sunny Isle Beach, Florida.

Duerson’s family is blaming NFL for the former player’s death because allegedly he had decided to end his own life at the age of 50 due to his unendurable sufferings brought by his concussion.

The family claims in its lawsuit that NFL negligently caused head injury to Duerson. The family affirmed that NFL failed to give prior notice and warning to players about the negative effects of head concussion. The family also claims that the damages that Duerson sustained from NFL greatly affected its inhibition, judgment and impulse control.

Dave Duerson is a former NLF player who made so many positive game contributions. He played for the Bears in 1983 out of Notre Dame. He played for 11 seasons in NFL before he decided to retire in 1993. In 1985 and 1990, he won Super Bowls with the Bears and Giants and played in Pro Bowls for four times.

During his NFL career, Duerson had about 10 concussions wherein he lost consciousness in some instances.

According to his family, before Duerson committed suicide, he left a suicide note giving instructions to his family. Duerson noted that he wanted his brain be donated at the Center for the Study of Traumatic Encephalopathy in Boston University’s School of Medicine.

Aside from NFL, the helmet maker, Riddell Inc. was also involved in the lawsuit. Allegedly, the said helmet manufacturer failed to provide helmets that are safe enough to protect players from concussions.

Other lawsuits that were filed against NFL by its former players were already consolidated in Philadelphia since it all stemmed from similar complaints – all blaming NFL for their head concussion and other brain related diseases. However, though Duerson’s wrongful death can be linked to the head concussion issue, it still differs from the other former players’ lawsuits since death and suicide was involved in his lawsuit.

This would be a tough battle for Duerson’s family. Provided the possible high amount of damages, which can be earned from a wrongful death claim, NFL would definitely go to great extents to defend the lawsuit filed against them. Duerson’s family needs to be sure that they have the very best representation possible for their claim. Their lawyers must be in long years of service with proven record of accomplishments like the wrongful death lawyers in Los Angeles.

PCH Ferrari Driver Crashes, Splits Vehicle into Two; One Passenger Killed

A sports car like a Ferrari may complete a man’s quest for attaining full-machismo; however, crashing such highly expensive vehicle and causing wrongful death to a passenger are always not part of becoming a true blue macho.

Take the case of one Vladimir Skortsov who crashed his Ferrari at the Pacific Coast Highway. Aside from destroying his high-end auto, he also caused the death of his passenger, Basil Max Price III of Pomona. Skortsov slams his car into a power pole in PCH, splitting the vehicle into two. The impact of the crash resulted in Price to be ejected from his seat and landed hardly on the roadway, the attending emergency unit pronounced him dead at the scene.

According to news reports, Skortsov who sustained severe injuries was driving his sports car around 90 mph when the car crash happened despite the speed limit in the area is 45 mph. Initial investigations claim that one of the probable cause of the incident is over speeding. Investigators are also looking into drunk driving as the cause of the accident. Officials said that the driver has two outstanding DUI convictions that he incurred in January 2007 and July this year.

Whether over speeding or driving while intoxicated is the reason for the crash, the family of dead victim may file a wrongful death claim against Skortsov because of his negligent act. Under the personal injury law, if a motorist causes death of another individual due to negligence, he or she may face wrongful death lawsuit and may be required to provide compensations to the deceased’s survivors.

To learn more on wrongful death claim, you may consult with a Los Angeles wrongful death attorney. Your lawyer will guide you throughout the process of litigation. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Colonial Healthcare to Pay $28 Million for Elderly Abuse

A nursing home corporation based in Rocklin was recently held liable for $28 million worth of punitive damages for the death of one of its residents in Auburn because of an infected bedsore.

Colonial Healthcare in Auburn and mother company, Horizon West of Rocklin who runs 33 nursing homes mostly in Northern California, were found guilty of elder abuse. Elizabeth Pao sued Colonial for their lapses which contributed to the death of her mother, 79-year old Frances Tanner.

Long-time civil servant Tanner was suffering from mild dementia but otherwise healthy and mobile when she was admitted to Colonial. But within 7 months, after breaking her hip in a fall accident, she died from an infected bed sore.

Witnesses, who included former Colonial employees, accused the nursing home of chronic understaffing, poor medical documentation and corporate greed.
The jury found the nursing home’s conduct to be “malicious, oppressive and fraudulent and awarded Pao $1.1 million in damages for Tanner’s pain and suffering as well as Pao’s loss of companionship.

However, a monumental award of $28 million in punitive damages was also set by the jury. Colonial, who has a history of problems with state regulators, was cited for the fourth time for the death of an elderly patient in Tanner’s case.

Carole Herman from the Foundation of Aiding the Elderly said that the multi-million award should send a strong message to Colonial as well as other nursing homes that they have to do better.

In any personal injury or wrongful death claim, damages can be awarded to the victim or the deceased’s family once it is proven that the defendant’s negligence or actions caused the damage or injury.

The plaintiff can receive damages which are either be compensatory or punitive. Compensatory damages are monetary compensation intended to compensate the injured party for his actual loss or injury.

On the other hand, punitive damages or exemplary damages are given in addition to compensatory damages to “punish” the defendant and set an example to keep others from making the same mistake and ruining other people’s lives.

Wrongful Death Claim: Making the Best Out of a Tragedy

On July 26, 2006, 49-year old Michael Woods went to the emergency room at Kent Hospital in Warwick, Rhode Island because he had a sore throat and was vomiting.

Michael, who happened to be the younger brother of Oscar nominated actor, James Woods, died of a heart attack three hours later while he was left to wait for an available room on a gurney in a hallway outside of the nurses’ station.

The family, who felt bitter and angry over their perception that the hospital did not do enough to save Michael, filed a case for negligence and wrongful death against Kent Hospital.

The suit was instituted by James Woods and the son of his brother, Peyton Woods.

It was only this December that the wrongful death claim was settled with the Woods family. Sandra Coletta, the hospital’s Chief Executive apologized for Michael’s death because of medical mistakes made in Michael’s case and gave the family an undisclosed amount.

The settlement received by the Woods family which would allegedly help finance the education of the three children left behind by Michael. A “Michael J. Woods Institute” will also be set up at Kent Hospital in memory of Michael’s death.

$1.25 million will be invested by the hospital into the institute over the next five years on its research on human factors that will look into reducing the risk of errors based on human behavior and decision-making.

In a statement, the family said that the family is trying to make the best of a horrible tragedy.

Wrongful death claims are often the best way for the aggrieved family members to move on following the death of a loved one.

While it may not bring back the life of their mother, their father or their brother, for many families who have lost their breadwinner, the compensation received from a wrongful death claim will help fill the void left behind by the death of the person who supported their family.

Medical malpractice in particular, can be a valid ground for filing a wrongful death claim. While having a foundation or an institute established in the name of their deceased loved one is rare, the victim’s family may expect to receive wrongful death compensation such as:

• Medical and funeral expenses
• Loss of the deceased’s expected earnings between the time of the death and the expected retirement or death
• Loss of benefits like pension plans, medical coverage, and the like
• Loss of inheritance
• Damages for mental anguish or pain and suffering of the surviving family
• Loss of care, protection, nurturing, and companionship
• Punitive Damages

How Much is the Right Cost in a Wrongful Death Claim

Reading “$29 Million Wrongful Death Award in Kings County Fire”, posted July 9, 2008, one cannot help but be astounded at the amount of compensation received by the decedent’s survivor in this grievous fire accident. The $29 million total settlement was said to be the largest in a wrongful death case verdict in the history of the county.

But how can one really determine a just and fair compensation in a wrongful death claim?

Wrongful death claims arise when victims die in an accident because of negligence or recklessness. In calculating compensation for the wrongful death victims, the court or jury often takes into consideration the following points:

• The gravity of the injury

• The extent of damage

• The status of the offending party

• The effect or repercussion of the accident on the victim and his survivors

According to this account, five people, including a teenage couple and their two-month old and two more other kids, perished in a fatal fire that gutted nine apartments in the county.

In deliberating on the damages award in this wrongful death case, the jury may have considered the factor that the fire accident had caused a tremendous effect on the victim’s family. In this case, the sense of loss is beyond one’s imagination as a whole family totally perished in a single accident. The grief is even more serious as investigations later revealed that the property owners had informed the tenants, six month before the incident that the building is not equipped with smoke or fire detectors.

To be able to pursue claims in a wrongful death case, the following elements are required:

• the death was caused, in whole or part, by the conduct of defendant

• the defendant was negligent, or strictly liable, for victim's death

• there is a surviving spouse, children, beneficiaries or dependents

• monetary damages have resulted from the victim's death.


Pursuing a claim in a wrongful death case may be difficult for grieving survivors hence the services of a lawyer who specializes in this concern is important.

A wrongful death claim lawyer can help you evaluate your case, determine the amount of compensation and represent you during negotiations.