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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Attorney Brian Jorde Represents Family After Tragic Death of 19-Year-Old

According to a lawsuit filed by the Rodriguez family, their daughter’s death could have been prevented if the proper checks and balances were in place at a local mental health facility, Lasting Hope Recovery Center. Attorney Brian Jorde of Domina Law Group represents the Rodriguez family in the suit.

The wrongful death lawsuit claims that Mikael Loyd, Melissa Rodriguez’s boyfriend, was allowed to walk right out of a mental health facility undetected. Loyd allegedly returned to the facility later that same day after strangling his girlfriend Melissa to death.

The lawsuit names Lasting Hope and the Omaha Police Department, saying that both parties made crucial errors that led to Loyd being able to leave the facility to kill his girlfriend. Loyd had been admitted to the facility under an emergency protective order.

According to Jorde, “It seems clear from the facts that there was at the very least miscommunication between the police and Lasting Hope.”

Loyd’s relationship with Melissa Rodriguez began to be cause for concern in June 2013 when her parents noticed bruising on their daughter’s neck, shoulders, and arms. The family notified police who then filed a domestic violence report. During the same period, the lawsuit alleges that Loyd falsely imprisoned Rodriguez, prompting Rodriguez to contact police on multiple occasions.

Police also obtained testimony from Loyd that summer where he admitted to having violent feelings and thoughts in response to his father’s death (his father was killed in 1995 gang-related shooting). After some other interactions with police, detectives decided to place Loyd at Lasting Hope because they say he presented a danger to himself and possibly others, the lawsuit contends.

The lawsuit also contends that, although mental health facilities are required to perform mental health evaluations of all new patients within 36 hours of admittance, Lasting Hope did not do so. The lawsuit also explains the Rodriguez family’s doubts that police officers even explained to Lasting Hope why Loyd was in protective custody.

Loyd has since pleaded no contest to second degree murder for the killing of his girlfriend Melissa Rodriguez on August 14, 2013. The wrongful death lawsuit is pending.

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