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Tragic teen s harrowing 911 call as he was crushed to death by minivan seats
Kyle Plush, 16, made two 911 calls using Siri virtual assistant on his iPhone which was out of reach when he became trapped in the third-row seat of a vehicle he was emptying
Kyle Plush died aged 16 from asphyxia (Image: Handout)
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Kyle Plush wrongful death lawsuit can proceed against 5 Cincinnati employees, appeals court says
Appeals court hears Kyle Plush wrongful death lawsuit arguments By Jennifer Edwards Baker | December 16, 2020 at 4:58 PM EST - Updated December 16 at 8:58 PM
CINCINNATI (FOX19) - The Kyle Plush wrongful death lawsuit can proceed against five former and current employees in their individual capacities, but not in their official capacities and not the city itself, the Ohio First District Court of Appeals ruled Wednesday.
The decision partially overturns a lower court decision but still returns the case to that court for a trial. The city wanted it entirely tossed out.
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Cincinnati had appealed after Hamilton County Judge Robert Ruehlman refused to dismiss the case. Ruehlman ruled January 22 saying, .this court finds that there are a set of facts presented that may allow for relief for the plaintiff.
Plaintiff s attorney Al Gerhardstein had asked to hold the city, dispatchers Amber Smith and Stephanie Magee, police officers Edsel Osborn and Brian Brazile and former City Manager Harry Black responsible for their actions on April 10, 2018, the day Kyle Plush died in his minivan after calling 911 twice.
Gerhardstein has called the events a huge combination of outrageous errors.
During the October hearing, he asked the judges to affirm the trial court, denying a motion to dismiss the case. So that there can be full discovery, he said. We can learn every detail about what happened to their son and we can let a jury decide whether Kyle s cries for help were met with recklessness or wanton responses.