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When pursuing a wrongful death case, adherence to the rules and regulations governing discovery is paramount. Discovery, the phase following the filing of a complaint and the response, involves posing written questions about the case. The following real-life case in Lehigh County, Pennsylvania, circa 2012, serves as a cautionary tale on how NOT to manage a wrongful death case.
The Importance of Discovery
The case revolved around the tragic death of an inmate at Lehigh County Prison. The wrongful death complaint alleged negligence on the part of the jail in assessing and treating the victim’s asthma, along with a failure to establish proper procedures for prisoners with asthma.
In the discovery phase, crucial questions arose. The estate, representing the deceased, was asked about any witnesses they intended to call. Surprisingly, they responded in the negative, claiming they had no such witnesses.
However, as the trial loomed, a bombshell was dropped. Just two days before the trial, the estate declared its intention to call a witness. This witness would testify that, before the prisoner succumbed to an asthma attack, he had exhibited signs of difficulty breathing and had sought help from the prison, receiving none.
The Judge faced a dilemma. The proposed testimony, although crucial, was barred. Why? The prison, blindsided by this surprise witness, was given no notice until two days before the trial. This lack of notice hindered their ability to properly depose or investigate the witness. Consequently, the Judge ruled against allowing the witness to testify.
Without this pivotal testimony, the jury sided with the prison, delivering a verdict against the wrongful death victim and their family.
This case underscores the importance of discovery and meticulous attention to detail in a wrongful death suit. Pittsburgh wrongful death and survivor attorney Bernie Tully, with a wealth of experience, stands ready to assist estates of wrongfully killed individuals. In wrongful death cases, the core assertion is that a person died due to the actions or inactions of another.
The lesson here is clear—navigate the intricate details of a wrongful death case with care. If you find yourself in such a situation, the Tully and Tully Law Firm is here to guide you. Call us for a FREE consultation to discuss your wrongful death case and explore your legal options.
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