$6 Million Settlement Reached in Wrongful Death Suit for Kyle Plush

Photo of Kyle Plush


The family of Kyle Plush has reached a $6 million settlement in a wrongful death lawsuit against the city of Cincinnati, Ohio.

The 16-year-old student died on April 10, 2018, when he was trapped by a folding seat in the back of a minivan parked in a lot across from his school. Plush was headed to local tennis courts but never arrived. Instead, he was pinned by a folding seat in the back of his parked minivan.

Plush managed to use the voice activation on his phone to call 911. However, operators and police were unable to locate his van. The teenager was found six hours later by his father. He was unresponsive in the van and pronounced dead a short time later.


What are the Details?

The settlement was announced on the third anniversary of Plush’s death. The city of Cincinnati and the Plush family “have agreed to resolve a lawsuit filed by the family seeking damages and meaningful improvement of the City Emergency Communication Center.”

“Kyle was a very positive person, and he would have wanted to make change”, said Jill Plush, Kyle’s mother.

“I think there’s going to be a lot of good things happening, and we’re going to be with them along the way for the next five years,” said Ron Plush, Kyle’s father.


The settlement read that the city “has taken substantial remedial action to address the problems that contributed to first responders failing to locate and rescue Kyle Plush, but acknowledges the need for continuous improvement with public transparency and accountability.”

The settlement establishes a team of 911 experts from around the country who will work with the director of the ECC to further enhance the city’s 911 system.

In the lawsuit, the Plush family argues that the city acted recklessly and didn’t make the boy’s 911 calls a high priority.

“Most important is that she (the operator) didn’t even contact the officers on the scene who were there when Kyle was still alive,” Plush family attorney Al Gerhardstein said last year. City officials argued that Plush was a victim of a horrible circumstance and not recklessness.

The Plush family sued the city of Cincinnati, former city manager Harry Black, two 911 call takers and both Cincinnati police officers who responded and failed to find the teen’s van.

On Friday, Cincinnati City Manager Paula Boggs Muething said the employees of the ECC and the police department are working to ensure the city “never again experiences a tragedy like the one suffered by the Plush family. The City is dedicated to providing the most professional emergency response to all Cincinnatians.”

The Plush family’s attorney, Al Gerhardstein, had this to say following the settlement: “The family enters this agreement in honor of their son Kyle. To honor his memory, it was important that we secure a civic commitment to continuous improvement. With this agreement, the City Manager commits to continue reforms in an enforceable, transparent way that will make the City safer for everyone. The family sees improvement under the current leadership and this court-supervised agreement will build on that.”

The Schrier Law Group handles many wrongful death cases just like this one, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a wrongful death / personal injury attorney in Florida today!

Five People Suing Disney Cruise Line After Allegedly Catching COVID-19

Disney Fantasy Cruise Line

In these days and times, COVID-19 lawsuits are becoming quite the norm. Schrier Law Group is here to represent you should one need representation regarding the virus. In recent news, three Utahns and two Arizonians are suing Disney Cruise Line after they claimed that they contracted the coronavirus while onboard the Disney Fantasy ship in March 2020.

Four lawsuits have been filed in a federal court in Orlando, Florida, nearly a year after all five tourists were aboard the cruise ship. All of them said they contracted the virus and began feeling sick.


Disney’s Reaction

In a statement shared with the media, Disney Cruise Line spokesperson Cynthia Martinez says, “We disagree with the allegations and will respond to them in court. No guests or Crew reported symptoms of Covid-19 while aboard the Disney Fantasy during the March 7, 2020, sailing. Disney Cruise Line communicated health and safety information with guests in advance of and during their sailing and had numerous protocols in place at the time.

The lawsuit filed on behalf of Utah resident Kailee Taylor says that she was traveling with family members that suffered from autoimmune diseases and compromised health conditions placing them at greater risk of contracting and suffering from the effects of COVID-19.

Because of this, the lawsuit says Taylor contacted Disney Cruise Line to cancel or postpone her cruise but was told she could not, despite the COVID-19 concerns. Left without any option and having trusted Disney Cruise Line would not place her in harm’s way, she embarked on the cruise line’s vessel on March 7, 2020, according to her lawsuit.

According to the lawsuit, Taylor contracted COVID-19 while aboard the ship and began suffering symptoms of the virus as a result of Disney’s careless conduct.


Another Lawsuit Filed

The lawsuit filed on behalf of Scott and Jana Olson of Utah, says their child, who had an unspecified autoimmune disease, had to be taken to a hospital intensive care unit in mid-March with a high fever and difficulty breathing. On May 1st, the lawsuit says the child tested positive for COVID-19, as did the parents.

The lawsuits allege Disney Cruise Line knew of the virus and its contagiousness, as well as its effects, before the March cruise, but negligently exposed the victims to COVID-19. The cruise line is also accused of not enacting quarantine or physical distancing measures aboard the ship.

Disney says its buffet line was closed on March 12, 2020.

The plaintiffs allege Disney Cruise Line was or should have been aware of a memorandum from the CDC that outlined guidance for ships at the onset of the pandemic. The lawsuit continues, saying Disney, like other cruise ships, received “an early, dire warning” of how easily the virus can spread on ocean liners after the first cases emerged aboard another vessel in Yokohama Harbor, Japan.

The lawsuits accuse Disney Cruise Line of negligent failure to warn of the dangers of COVID-19 aboard the ship and general negligence.

Disney Cruise Line shared an email sent to all guests on March 7, 2020, sailing received ahead of their cruise, that reads in part:

“Information continues to evolve quickly and we are closely following guidance from health officials and authorities in the ports of call we visit. As always, your health and safety, as well as that of our crew, is our primary focus. We are also committed to keeping you informed and updated, and are happy to address any questions you have in advance of your cruise and once you’re onboard.”

The email goes on to outline guidelines for those onboard, including temperature checks, screening for symptoms, extensive cleaning, and, if applicable, prohibiting guests to disembark in any Bahamian port if they had been to China, South Korea, Italy, or Iran in the 20 days before arrival. All four of those countries were the hardest hit by the virus at the time.

A future court date has not yet been set.

The Schrier Law Group is ready to handle any coronavirus / COVID-19 case and Schrier Law has the resources necessary to help you and your family score a successful outcome. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!

Lawsuit States Operators & Manufacturer Knew Ejection Risk After 10-year-old Killed on Carnival Ride

Xtreme Super Sizzler Ride at Night

The parents of 10-year-old Hailey Lynn McMullen, who was killed after she was thrown from an amusement ride in Cumberland County, New Jersey, have sued the manufacturers and operators of the ride alleging they knew for many years that the ride could be deadly.

McMullen died October 12th, 2019, just an hour after she was thrown from the “Xtreme Super Sizzler” at the Harvest Festival in Deerfield Township in Cumberland County, authorities said.

What Happened

Christopher and Amanda McMullen (Hailey’s parents) say in the lawsuit that the ride’s original product literature stated the ride was not recommended for small children, according to the suit filed in Superior Court of Middlesex County. The suit names Colorado-based manufacturer Wisdom Rides of America and Skelly’s Amusements of Gloucester County, which has operated the same ride at the Middlesex County Fair since 1998, as well as business associates of both companies.

In 2006, after a series of ejections on the “Xtreme Super Sizzler,” California officials issued a seatbelt mandate for all Sizzler rides, according to the suit.

Dennis Marconi of Trenton, an attorney for Skelly’s, said Wednesday that seatbelts are not required on the ride in question and added that the ride had passed state inspections. Marconi said there are different types of “Sizzler” rides and that litigation will show California mandated seatbelts on a different type of ride.

Wisdom Rides did not immediately return calls on Wednesday seeking comment.

The McMullens are asking the New Jersey State Police and the state’s Department of Community Affairs to release “voluminous documents” of their investigations into the tragedy.

The lawsuit was preceded by a product liability lawsuit filed in January by the mother, Amanda, and Carol McMullen, who is Hailey Lynn McMullen’s grandmother. Amanda McMullen states in the earlier lawsuit that her children and their grandmother witnessed the tragedy and have suffered extreme emotional distress as a result.

The product liability lawsuit alleges negligence and liability on the part of the manufacturer and operator and seeks compensatory and punitive monetary damages.

Product Liability cases can be tricky. Most often in these cases, one gets injured. Typically it is not tied into wrongful death as well. When emotions run high, it can be difficult to make a strategic decision when choosing the perfect personal injury lawyer. In order to be prepared, develop a list of trustworthy attorneys that you can call when an emergency occurs.

The Schrier Law Group handles many product liability / wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!


Austin Texas Police Badge

Wrongful Death Lawsuit Filed Against City of Austin For Teen’s Suicide

A new lawsuit has been filed against the city of Austin (in Texas) four years after a teen shot himself (in a suicide attempt) in the back of an Austin Police patrol car and later passed away. Amounts of the suit have not been disclosed.

The lawsuit, filed on January 8th, 2021, alleges wrongful death against the City of Austin, Texas, after Zachary Anam was arrested due to accusations of shoplifting at a south Austin shopping mall.

Austin Police took Anam into custody on January 9th, 2017. However, neither mall officers nor APD officers confiscated the gun the alleged suspect had in his waistband.

On the drive to the Travis County Jail, audio recordings reveal the officer talked to Anam about spending “the rest of his life behind bars,” and a few blocks from the jail, Anam told him he was suicidal, to which the officer responded,  “they’ll take care of you at the jail.”

Anam then told the officer, “I don’t know if I’m going to make it,” before telling him, “I have a loaded firearm to my head, Officer!”

Once at the jail, the officer left Anam alone in the car before he fired a shot at his head. He died from his injuries later that day at the hospital.

What Does the Suit Entail

It also says in years preceding Anam’s death, jail officers found weapons on “detainees arrested and (allegedly) searched by APD officers on average more than once a month, and goes on to give data about weapons missed from 2013 to 2017.

In August 2020, Austin’s 3rd Court of Appeals ruled that legal action can be taken against the City of Austin, after it denied the city’s request to be immune. That decision allowed for the lawsuit to proceed for a trial in March.

A similar lawsuit was filed two years ago by Anam’s parents, but was dropped in October 2020.

We will be following this one closely, here at Schrier Law Group.

The Schrier Law Group handles many wrongful death cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!

Rob Gronkowski on Field with Tampa Bay Team After Touchdown

Tampa Bay Bucs Star Rob Gronkowski Sued Over Teeth-Whitening Product

Tampa Bay Buccaneers tight end Rob Gronkowski, who has certainly had his share of endorsements over the years, has gotten involved with a company that has gotten him sued.

As per The New York Post, a $5 million class action has been filed against Snow Teeth Whitening and a pair of celebrity endorsers: Gronkowski and Floyd Mayweather.

The suit claims that the company unjustifiably charged / charges over a hundred dollars more than arguably comparable products and that the company makes false claims that the lights they sell to consumers will dramatically improve the whitening power and antiviral or antiseptic qualities.

The civil complaint also reportedly contends that the company has suggested in advertising that a “red-light option kills viruses and bacteria in the mouth,” with reference made to the ongoing pandemic in a way that allegedly suggests the device protects against COVID-19.


The Interesting Part…

The basis for Gronk’s specific responsibility isn’t clear, since he simply endorses the product. But, the lawsuit claims that he was ‘compensated for repeatedly promoted [sic] defendants’ products on his individual social media accounts and his ˜Gronknation” social media accounts. Even if Gronk was passing along allegedly fraudulent claims, the fraud ultimately comes from the company. Absent proof that Gronk actually knew the claims were false, it’s hard to imagine that he’d be individually responsible for the lies that were told. It really does seem like a stretch to go after the celebrity endorser instead of the actual company committing the problem.

If the company doesn’t agree to fully and completely indemnify Gronk for all potential liability, he should immediately file what the legal process calls a “cross-claim” against Snow Teeth Whitening forcing the company to pick up the full tab.

We will be following this one closely, here at Schrier Law Group.

The Schrier Law Group handles many product liability cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your product liability case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!

Publix Supermarket Sign on Store

Publix Supermarkets Slapped With Wrongful Death Suit After Florida Employee Dies of COVID-19

Schrier Law Group, as well as all of America, is paying attention to the lawsuits that are popping up due to COVID-19. One of the lawsuits getting the most reporting is about an employee at a Publix supermarket in Miami-Dade county Florida, that was allegedly prohibited from wearing a mask at work. Now his family is suing Publix over his death.

The coronavirus had already made its way to the US by the time Gerardo Gutierrez, 70, asked his employer if he could be permitted to wear a face mask while he worked. Despite the fact that his deli counter co-worker was showing signs of the illness as they worked together on March 27th and 28th, Publix told him that masks were not allowed because they may “scare” customers, the family’s lawyer has claimed.

About a month later, Gutierrez died alone in a hospital from complications related to COVID-19. His family was forced to say their goodbyes over a video call.

“A Devastating Loss”

The co-worker has recovered, and Publix later reversed course on their maskless rule on April 20th, according to Publix’s website. However, a Tampa Bay Times report on April 30th showed the supermarket chain had yet to consistently adopt a mask policy, lagging behind their competitors at the time.

So the family filed a suit alleging the Florida-based company had acted with negligence. Lawyers for the Gutierrez family say Publix should be held accountable. They’re asking for more than $30,000 in damages. The lawsuit also cites multiple complaints submitted to the Occupational Safety and Health Administration over the grocer prohibiting masks and gloves earlier this year.

Gutierrez’s daughter Ariane, 43, called the passing a “devastating loss”.

Publix could not be reached for comment by multiple news outlets.


What are the Details?

Gutierrez arrived at work on March 27th and 28th to find his co-worker exhibiting symptoms of the COVID-19 illness. The company lifted their ban on some types of face coverings by April 30th, after refusing to allow Gutierrez the same, because deli workers were reportedly still prohibited from wearing them, according to the Tampa Bay Times.

On April 2nd, Gutierrez was sent home to isolate following the co-worker’s positive test results confirming they’d been infected with the coronavirus.

By April 6th, Gutierrez had a cough and fever. At the same time, Publix finally announced that all employees could wear surgical or reusable cloth masks.

It was too late for Gutierrez, who wound up passing away on April 28th.

The news isn’t good for other “essential businesses”. Walmart as well as Tyson Foods face lawsuits by employees over coronavirus deaths. Anticipating more, federal and Florida lawmakers have debated legislation to prevent workers from suing their employers if they contract COVID-19 on the job.

Something is going to happen one way or another because as long as Covid-19 sticks around, these lawsuits are going to follow.

The Schrier Law Group handles many wrongful death cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!

construction worker suffering a slip and fall accident

If You Had a Slip & Fall Accident, It’s Time to Call an Attorney

Slip and fall accidents are some of the most common accidents that people suffer from. They are also some of the most unfortunate accidents that happen as well. We here at Schrier Law Group know that when we go through our daily lives, nobody is considering the fact that they may slip and fall somewhere and hurt themselves.

These accidents lead to some of the most unexpected and painful injuries. In most circumstances, slips can be traced back to personal carelessness and there really is no recourse. However, there are certain situations that can be traced back to the negligence of another individual (or business). In cases like these, you need to call upon the help of a personal injury attorney.

The Schrier Law Group understands the inner workings of almost every type of negligence case. It is important that you receive the compensation that you deserve. That is why you need to contact the Schrier Law Group to get the money that you deserve for a slip and fall case.


What is the Plan Following the Slip & Fall?

First and foremost, it is always important to seek out medical attention if you are the victim of a slip and fall accident. Your personal health will always be the most important thing to worry about. However, it is also important to report the slip and fall accident too so that you get it on record.

If possible, the owner or landlord of the property the accident occurred at must be informed immediately following and you need to make sure to have some type of written report. Also part of the next step is to “document everything”. Attempt to retrieve the personal information from any witness (such as phone number, email, statements, and pictures of the area that you fell.) Try to take pictures that would show the scenario and situation of how you slipped and fell. All of this will help you with the case or the settling of the lawsuit.

After you take all these important steps, all you need to do is contact Schrier Law Group. We will handle the rest. A personal injury attorney will guide you through your slip and fall case and hold all of the negligent parties responsible. You deserve compensation for the slip and fall accident that caused medical pains and bills. The Schrier Law Group is here to back you up. We will get you results.

Baby Sleeping under Covers

Israel Pays $2.7M to Man in Rare ‘Wrongful Birth’ Lawsuit

Here is a very rare case that we at Schrier Law haven’t seen very often, but we feel will start to become the new norm.

A disabled Israeli man has won a “wrongful birth” lawsuit against the state and a health maintenance organization. He was awarded $2.7 million in damages, according to reports.

What Happened

An Israeli court ruled that doctors were negligent during the pregnancy of the 27-year-old’s mother by failing to detect emerging congenital birth defects during routine tests.

The lawsuit was filed by the brother and legal guardian of the man, who has cerebral palsy and severe intellectual disabilities. He also was diagnosed with schizophrenia after his mother died in 2011.

Doctors at the state-run Galilee Medical Center and Clalit HMO also failed to inform the 43-year-old mother (who also suffered from schizophrenia) of the option of aborting the fetus, according to the suit.

The woman, whose pregnancy was unplanned, had previously given birth to five children, (two of whom died in childhood). One child died in a drowning at age 6, and one child passed from SIDS (sudden infant death syndrome). Her husband died in 2017.

According to the lawsuit, the HMO failed to properly monitor the fetus and perform genetic testing, while the hospital was negligent in sending the woman home when she sought to terminate the pregnancy.

In 2012, the Israeli Supreme Court distinguished between “wrongful birth” lawsuits, when parents sue the authorities, and “wrongful life” cases, when children or their guardians sue.

The disabled man’s case was accepted as a “wrongful birth” claim, though his parents are no longer living.

The Schrier Law Group knows that cases like these are rare and tricky. Schrier Law has the resources necessary to help you and your family have successful outcomes in your case. The injuries, or even worse death, of you or a loved one can impact the remainder of peoples’ lives. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!

Families Sue Facility for Negligence During COVID-19 Outbreak

Whitefish Care and Rehab Center

One thing for sure that is coming out of the pandemic is the growing number of lawsuits that are tied into wrongful death and/or negligence from COVID-19.

In Montana, The families of three residents who were infected with and died of COVID-19 at a local care/rehab center are suing the facility for negligence and wrongful death. They are alleging its corporate owners failed to establish basic infection prevention criteria during the outbreak of the deadly virus while ignoring sanctions from state and federal regulators.


What are the Details

As a result of the negligence, the lawsuit alleges a total of 13 residents died at the long-term care facility, including the three men on whose family members are seeking damages.

All three men died within weeks of one another, and the lawsuit outlines alleged instances of neglect, abuse, malnourishment, and other forms of mistreatment that led to their contraction of the virus, deteriorating health and ultimate death.

To be specific, the families allege that Whitefish Care and Rehabilitation Center, failed to establish and maintain a basic COVID-19 infection prevention and control program for an at-risk population of residents, even after a series of complaints.

These complaints led to the Montana Department of Public Health and Human Services and the federal Centers for Medicare and Medicaid Services to investigate the facility, leading to warnings, violations, and a corrective enforcement plan. A plan that was disregarded.


The families also allege the facility “failed to provide adequate and basic personal care to residents during the pandemic, failed to inform resident representatives of the deteriorating conditions inside the facility, and have concealed their neglect behind COVID-19 restrictions, according to the lawsuit.


Across the nation, nursing home residents have been among the hardest hit by COVID-19, with outbreaks spreading rapidly through the congregant settings and disproportionately impacting vulnerable seniors.

One example mentioned in the lawsuit describes a period during the outbreak in which 58 residents were living at the facility while new intakes were mixed into the general population, in violation of rules requiring a 14-day isolation period for all new residents.

On Aug. 31, more than two weeks after the first positive case of COVID-19 inside the facility, and after four residents had died, regulators conducted a second survey and documented numerous instances of non-compliance with infection control guidelines, despite the earlier warnings and violations.

The lawsuit also names as a defendant, the executive director of Whitefish Care and Rehab, and accuses him of ignoring complaints, guidelines and agency recommendations, and requirements, while allowing the unsafe conditions to persist until nearly the entire population of residents at the facility had become infected with COVID-19.

Negligence Lawsuit Filed in Lake Worth Against Dive Charter

Mollie Ghiz-Flynn Selfie Photo Before Diving Accident

Sometimes it is just simple “negligence” that leads to a lawsuit being filed. If one suffers harm because of another’s careless action or lack of action, then that person or company can be held legally responsible (liable) for the harm done.

Negligence cases are civil cases. Negligence law allows you to sue someone for the harm they caused you either by accident or recklessness. Negligence occurs when someone’s actions or failure to act falls below a reasonable standard of care.

Schrier Law Group knows that a reasonable standard of care is based upon the notion of what an “ordinary or reasonable person would have done in similar circumstances.”

Diver Dies in Lake Worth Accident

The family of a diver, 37-year-old Mollie Ghiz-Flynn, who passed from her injuries during a dive near the Lake Worth Inlet in March of 2020, filed suit against the charter boat company for said negligence.

Investigators said people on board a 48-foot commercial dive boat “Southern Comfort” was pulling divers from the water about a mile-and-a-half southeast of the Lake Worth Inlet when two divers were pulled under the boat. One diver, Ghiz-Flynn, was hit by a boat propeller. Ghiz-Flynn later died from her injuries.

The lawsuit filed Friday in the U.S. District Court for the Southern District of Florida is accusing the “Southern Comfort” owners, Florida Scuba Charters, of negligence.

Details of the Lawsuit

According to the suit, as the divers were coming up from the first dive of the day and were trying to get back aboard the boat, the boat captain put the boat in reverse, pulling Ghiz-Flynn and her husband, Sean Flynn, under it.

Flynn’s attorney stated that, “this was a SCUBA diving charter that never should have occurred in the first place, and the results were catastrophic. We are filing this case in order to obtain justice for Sean and for Mollie’s family. Mollie’s life was taken far too soon and we seek full accountability for this preventable tragedy.”

At the time of the incident, Palm Beach County had enacted executive orders prohibiting recreational diving and most recreational boating, in an effort to help with social distancing measures and curb the spread of COVID-19.

Additionally, boat ramps and marinas in the county were closed to recreational boats and only allowed to remain open if they serviced commercial vessels, such as fishing. This will be an integral part of the suit.

The Schrier Law Group handles many negligence cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!