User uShare Login | Register
Login
Register

Along with posting photos, videos, and stories, your uShare account lets you post Classified Ads, recipes on What's For Dinner, and Announcements.


32° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

Share your Photos, Videos, and Stories on uShare! Click here to get started.

KELOLAND.com | Sioux Falls News & Weather, South Dakota News & Weather, Minnesota and Iowa News

[0] My Saved Articles
Find local businesses
on the KELO Pages!

 

Wrongful Death Suit Viable In Cottonwood

February 23, 2008, 6:06 PM by Henry Rosoff

Family members of the victims in deadly crashes such as these do have legal options, but Minnesota law makes accidents involving the death of children much more complicated. 

"I'm first struck by the tragedy,” said Jim Malters, who handles three or four wrongful death cases each year around the state. “But then you have to sort out all the legal issues." 

The families of Hunter and Jesse Javens, Emilee Olson and Reed Stevens, will have to have a long road ahead of them. Alianiss Morales, 23, is charged with causing their death and could face serious prison time if found guilty. 

"A wrongful death action in Minnesota would be brought [when] another person wrongfully or negligently caused the death of another person and as a result their heirs were injured," Malters said. 

According to court papers, Morales, was driving fast and did not stop at a stop sign before broad-siding the bus full of children. 

If the parents of the victims wish, they could join together to file a wrongful death suit against Morales. However in Minnesota, the law is not very broad and cases where the victims are children, lawyers use previous cases as precedent. 

“In reality, the huge loss is the ability to talk to the child and when you get older for them to visit you and comfort you and make you're day brighter," said Malters, adding that the law does not account for these things. 

Malters said good lawyer can help a family win a wrongful death lawsuit, and the defendant would have to pay money for the family's loss. And filing the suit can be a difficult decision in difficult times. 

"Some people say: ‘It's my child and no amount of money will ever make it worth my while. If I accept money its blood money,’” Malters said. “Other people are very angry and want to ring every possible penny, and then some, out of the person that caused the accident." 

Malters also said Morales's immigration status will not make a difference in a potential wrongful death suit.

Previous Story

Next Story


Sponsored
Find Local Businesses on KELO Pages!

You may also like

Ice Rink Crash Captured On Video

1/22/2015 9:03 AM

Corey Mitchell was watching his 4-year-old son Carson skate at the Scheel's IcePlex this week when he captured an unexpected crash.

Full Story
1 Dead After ATV Goes Through Ice On Perkins Co. Lake

1/25/2015 8:08 AM

A Newcastle, Wyoming man died after an ATV broke through the ice on a lake in northern Perkins County in South Dakota.

Full Story
Augustana College Student Found Safe

1/28/2015 10:56 AM

On Tuesday, a 19-year-old student left her room saying she was headed to the bathroom. Her roommate reported her missing when she had not returned.

Full Story
SF Man Arrested For One Pot Meth Lab

1/22/2015 2:08 PM

A Sioux Falls man has been arrested for having a one pot meth lab.

Full Story
5 More Flu-Related Deaths Reported In SD

1/23/2015 11:42 AM

The latest report from the South Dakota Department of Health shows that 23 people have died from the virus this season.

Full Story


Events