The widow of a man in Lisbon, Ohio, has filed a wrongful death lawsuit against the man who shot and killed her 71-year-old husband. She is not sure whether the shooting was a negligent act or an intentional one designed to hurt or kill.
The lawsuit also asserts that some other unnamed persons helped the shooter move the body far away in a malicious manner, as well as getting rid of the weapon and concealing the incident. Remedies sought include $250,000 for the pain and suffering experienced by the widow and the couple's son and daughter. Recovery is also sought for $51,690 in burial and funeral costs.
The woman's husband disappeared on Sept. 29, 2011, and the lawsuit was filed just two days before the two year statute of limitations for such lawsuits in the state of Ohio was set to expire. No criminal charges have been filed to date in the case. The man's body was not found until Nov. 18, 2011, with his credit cards and wallet nearby. Until then, it could not be said for certain that he was dead, although it seemed likely.
An autopsy found two bullet wounds in his head, and the death was declared a homicide. For various lawsuits, there are different statutes of limitations after which it is too late to file a lawsuit. The time period depends on the type of claim, and sometimes the time can be extended because of particular circumstances. Personal injury attorneys are well-versed in the various statutes of limitations, so anyone believing that they or a family member have been damaged by someone else's negligent, reckless or intentional misconduct may wish to seek an attorney's advice to ensure that the time within which it is possible to sue does not expire.
Source: Morning Journal, "Wrongful death suit filed" Deanne Johnson, Oct. 01, 2013