In Southern California, the parents and brother of Lawrence King are suing nearly two dozen defendants for wrongful death. King, 15, was murdered last February when he was shot in the head while in English class. His alleged killer, junior high school classmate Brandon McInerney, has pleaded not guilty to committing a hate crime and first-degree murderer.
The nearly two dozen wrongful death defendants include McInerney, the teenagers' parents, the school principal, the Casa Pacifica shelter, a Ventura County social worker, counselors, King's teacher, Hueneme School District, and the Ventura County Rainbow Alliance.
According to prosecutors, the two teenagers were having problems with one another after King told McInerney that he loved him and asked him to be his Valentine. The California wrongful death lawsuit contends that defendants were aware that McInerney had threatened to kill King, yet no one took his threat seriously. McInerney, who is now 15, was charged as an adult for killing King. If convicted, he could spend anywhere from 51 years to life in prison.
The California lawsuit accuses EO Green Junior High School and the nonprofit shelter where King lived of failing to do anything about the teen's "sexually assertive" conduct. It also claims the shelter provided King with makeup, cross-dressing clothes, and women's boots. The wrongful death complaint contends that the Rainbow Alliance encouraged King to make sexual advances toward McInerney.
Wrongful Death in California
If your loved one died because of another party's negligence, carelessness, or recklessness, you may be entitled to file a California wrongful death claim for damages. In California, plaintiffs generally have two years from the date of the accident or event that caused the death to sue the liable parties for wrongful death. If one of the defendants is a California government entity, your wrongful death claim needs to be filed within six months from the accident date.
In California, the deceased's surviving spouse or domestic partner, children, and children of any deceased offspring can sue a negligent party for wrongful death. If the victim was not married or did not have any children, then his or her parents, siblings, and other relatives can make a claim.
Suit filed over SoCal gay teen's classroom murder, Mercury News, February 14, 2009
Suit Filed Over Killing of Teenager in Classroom, New York Times, February 14, 2009
Related Web Resources:
Wrongful Death, Justia
