March 23, 2017

Florida homeowners sued over DUI manslaughter citing dram shop law

 

Earlier this year in February, a West Palm Beach teenager was killed drunk-driving crash after attending a Super Bowl Party. Now, the teen’s parents have filed a civil suit against the homeowners where the driver attended separate parties. The suit claims the homeowners violated Florida dram shop laws when they served alcohol to persons less than 21 years of age and then knowingly allowed them to drive off.

 

The Palm Beach Post reported that the parents of 18-year-old Jamie Allen filed suit alleging that two homeowners failed to take adequate steps to prevent people under age 21 from gaining access to alcohol. The case is currently pending in the Palm Beach County Circuit Court.

 

The Allen family’s lawsuit claims their daughter, Jamie, first attended a Super Bowl party on February 3rd earlier this year at a house in Lake Worth. Afterward, she and a friend, 19-year-old Christopher Moffitt, drove to another party at Moffitt’s home in Lantana. Moffit was driving the whole time.

 

Later, he lost control of his car and crashed into several palm trees. His passenger, Jamie Allen, was killed in the crash. Moffitt was subsequently charged with DUI manslaughter, but has pleaded not guilty. The outcomes of both the criminal case and civil lawsuit against Moffit and the other, unnamed homeowner are all pending.

 

References:

 

Tampa Bay Times –http://www.myfoxorlando.com/story/24060430/fla-homeowners-sued-over-teens-dui-crash-death#ixzz2mLKWIMRu

 

Wrongful Death Lawsuit Alleges Hospital Worked Nurse To Death

 

James Jasper alleges that his wife, an Ohio nurse, was knowingly “worked to death,” CNN reported.

picture of a nurseElizabeth Jasper was killed in a car accident on March 16 while driving home from work. A recently filed wrongful death lawsuit seeks an unspecified amount of damages for loss of consortium, pain and suffering and mental anguish, alleging that fatigue from being overworked contributed to her death.

She was employed as a registered nurse in the Bone Marrow Transplant Unit of Jewish Hospital, where she was typically scheduled to work three 12-hour shifts each week. However, the suit alleges that after the hospital came under the ownership of Mercy Health Partners of Southwest Ohio, her actual working hours “routinely and significantly” surpassed her scheduled time. Also, since she was one of a “handful of nurses” qualified to work dialysis machines she was routinely called into work while off-duty.

Allegedly, from 2011, when Mercy took ownership, onward, the nurses’ unit was “regularly understaffed,” causing some of the nurses to work through breaks and pick up additional shifts. Generally, nurses reported being effectively forced to choose between temporarily abandoning helpless patients in order to take bathroom breaks and simply continuing the shift without using the restroom.

Specifically, Elizabeth allegedly told other nurses that she was “really stressed” and “hadn’t eaten,” during her final shift.

Eric Deters, an attorney for the widower, said that Elizabeth may have fallen asleep before her car veered off the road, jumped an embankment and struck a tree. The 38-year-old woman left behind her husband of nearly 14 years, a 6-year-old son and an 11-year-old daughter, WCPO Cincinnati reported.

“Something needs to change,” James told WCPO Cincinnati. “These [nurses] cannot be treated this way the patient care is an issue but they can’t continue to work these nurses and expect them to pick up the slack because they don’t want to staff the hospital.”

The lawsuit alleges that her supervisor expressed concern prior to her death that “Ms. Jasper was being ‘worked to death,’” but ownership refused to take “reasonable steps” to make the situation better.

“Our hearts go out to the family,” a released statement from a hospital spokeswoman reads. “We do not comment on pending litigation.”

 

References:

 

CNN

 

WCPO

 

WLWT.com