An Ohio appellate court is set to hear arguments in a wrongful death case that spans from an accident that occurred back in August 2011. The fatal accident involved a 90-year-old man who was driving his motorcycle through a construction zone while work was being performed. The question at hand is whether the county worker who caused the accident should be held liable for his actions in the case.
The lawsuit, which was actually brought against the negligent county employee and Mercer County commissioners, stems from the fact that the worker moved a chip spreader over the center yellow lines of the street while resurfacing the road. The elderly motorcyclist struck the chip spreader when it entered his lane, throwing him from his motorcycle.
Though county commissioners were named in the lawsuit, a judge decided that they cannot face liability in the case because of a rule that grants immunity from lawsuits to those who work in political subdivisions. The judge also stated that the worker cannot be held liable for deliberate conduct, but this is not the case for reckless conduct. The worker's attorney states that his client should not be held liable since he was doing work for the county, but this is being left for the jury to decide.
A death that results from negligence can cause both financial burden and mental anguish to the victim's family. While the process of filing a wrongful death lawsuit can be complicated, an attorney may be able to help family members determine the degree of financial hardship caused by the victim's death. If negligence can be established, the victim's family may be entitled to compensation.
Source: Limaohio.com, "Court to decide whether wrongful death case can continue ", Greg Sowinski, January 09, 2014