New York Wrongful Death Lawyer Blog

Considering the reported facts Kayla Gerdes, Drugged Up Teen, Mows Over Woman Mowing Lawn, Say NY Police, if there is any satisfaction for the family of Rebecca Twine-Wright, it may only be had through the criminal justice system.

Ms. Twine-Wright was mowing her Hempstead, NY, lawn this last Tuesday afternoon when she was struck by an out of control construction van driven by an 18 year old, unlicensed driver, Kayla Gerdes. Ms. Gerdes was allegedly high on painkillers as the van careened out of control, went over the lawn, hit the woman and crashed into the house.

The teen was taken into custody at the scene. She begged to be "left alone", saying "it was an accident", a "mistake". She was charged with vehicular manslaughter and other charges relating to the crash. These charges are in addition to others she faces for stealing jewelry from her mother's home to support her drug habit.

It was reported that Ms. Gerdes did not complete a drug rehab program because the insurance would not cover the full 28-day treatment program.

If true, Ms. Gerdes DUI operation of the motor vehicle involved was a "wrongful act, neglect or default" sufficient to support a wrongful death claim. It is also clear that the wrongful, criminal, act caused the woman's death. The Twine-Wright family includes at least one adult son, so it is apparent that a "personal representative" is available to be appointed to bring suit.

However, looking at potential defendants, one would ask if any are capable of paying damages for wrongful death, pain and suffering. Ms. Gerdes, 18 years old, is likely on her way to prison; her ability to pay damages is nil. Her boyfriend may be culpable for allowing the drugged up teen to operate the construction van. The construction company that owns or leases the construction van would claim that it did not give Gerdes permission to drive; also that the use of it was outside the scope of the boyfriend's employment. The liability insurer for the van will disclaim coverage. The insurance company that refused to pay for Ms. Gerdes to complete the 28-day rehab program probably can not be held responsible for causing Ms. Twine-Wright's death.

Thus, there may be no-one available to pay damages for the wrongful death of Ms. Twine-Wright.

She is another innocent casualty of drug abuse.

People may ask "Why sue for wrongful death? No amount of money can ease our loss!".

The family of Dale Lloyd II, a 19 year-old football player for Rice University, whose death, following his collapse at practice, was linked to sickle cell trait, sued to effect a change in policy.

In the past ten years, the deaths of eight football players have been linked to the sickle cell trait. Mr. Lloyd was not tested for the trait by the Rice Owls, who have since initiated testing of their athletes.

On April 13, 2010, as part of the wrongful death settlement, the NCAA agreed to offer its athletes three options regarding sickle cell trait: be tested, show that they were tested, or sign a release refusing the test.

Through the loss of their son, the Lloyd family sought to protect other athletes and their families from a similar fate. They have succeeded. Athletes, coaches, doctors and trainers now receive information on the danger of sickle cell.

In the entry Cause of Death? The Tragic Case of Brittany Murphy, I wondered if her husband had spoken with competent legal counsel before he threatened to bring a wrongful death suit against Warner Bros. because it had cancelled Ms. Murphy's employment contract.

Another ill advised wrongful death suit made the news [AP] recently, when a man actually sued the IRS for his wife's suicide, three days after agents raided their home in Indiana. She was 50 years old, and the mother of six. She left a note saying she could not "live in terror of being accused of things I did not do."

Was there a "wrongful act, neglect or default" on the part of the IRS which caused the woman's death? Based on these facts, it would not seem so...

It has been reported by the Northwestern (MA) District Attorney, Elizabeth Scheibel, that school officials in South Hadley High School knew of and failed to take any action concerning the bullying that resulted in the suicide of a 15 year-old high school freshman, Phoebe Prince, on January 14, 2010.

The District Attorney's investigation determined that the bullying had been "common knowledge" among students and school administrators.

There was a report of open harassment of the girl while other students and a teacher looked on. Another exchange left her weeping openly in class in front of a high school instructor.

Not surprisingly, school administration officials denied knowledge of the student's suffering, saying she never told them of the bullying and only learned of it the week before she committed suicide at home.

Their credibility is severely undermined as it is reported that Phoebe herself asked school officials to allow her to leave school as she was fearful of being beaten up. Her mother is also reported as having spoken to school administration about the abusive treatment Phoebe was subjected to by two groups of students.

It is an outrage that nothing was done to prevent the taunting, heckling, name-calling, and physical abuse she was subjected to at school over a three month period.

The legal remedies available, whether criminal charges against the 6 teens currently charged with a variety of crimes, or civil suits for wrongful death against all the offenders, including the school administration, for "wrongful act, neglect or default", are obviously inadequate and no solace for the family, nor for our society at large.

This entry based on reporting by the Boston Globe Staff.