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.
Kyle Plush s family can continue suit against individual officers, call-takers involved in his death
and last updated 2020-12-16 20:21:36-05
The parents of Kyle Plush, a 16-year-old who suffocated in his minivan despite making multiple 911 calls for help, will be allowed to continue their wrongful death lawsuit against police officers, call-takers and the former city manager involved in the incident. The case will go to trial, despite the the city of Cincinnati s effort to have it dismissed entirely.
The Ohio First District Court of Appeals ruled Wednesday that all five of the individual defendants â former city manager Harry Black, call-takers Amber Smith and Stephanie Magee, and officers Edsel Osborn and Brian Brazile â had demonstrated neglect, recklessness and indifference to Plushâs safety at the time of his death.