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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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Breakdown of Wrongful Death Law

No Generalities. What Is Wrongful Death, Really?

Each of us must die. We don't want to. For most of us, death will come in its season and life's end will be as predicted. For some of us, death will come prematurely, but naturally. Many diseases know no age limits. These deaths are not "wrongful". They are sad. But, what is a "wrongful death"? The answer is not so easy as the question.

When Life Ends Because a Legal Duty is Breached.

Wrongful death happens when life ends because someone else makes a mistake, or commits a willful or wanton wrongful act. Life should not end, but someone else makes it end… and does so in a way the cheats the spouse, or children of the person killed.

Death is "wrongful" under the law when it is caused by conduct that violates a legal duty owed by the wrongdoer to the person killed. This may be a duty to drive at a reasonable speed, or to build a safe product, or to provide medical care of at least average quality. Death is wrongful when life is snuffed out because someone else does something the law says should not occur. When a breached duty causes death the next of kin are deprived, wrongfully of their loved one's companionship and support.

Wrongful death is not a remedy for loss of life; it is a remedy for loss of a crucial relationship. The law cannot compensation the person killed. She or he is gone. The survivors suffer. They are without support, love, advice, companionship, nurturing, loving, and shared goals. They are the losers. The law provides a remedy for these losses to those who live to bear the burden of a premature death. This is "wrongful death".

Sometimes, examples are good teachers. At Domina Law Group pc llo, our wrongful death work with families wounded by loss include matters like these:

Trucker Violations of Safety Rules

Airplane Manufacturing Defects

Trucking Company Training Failures

Airplane Pilot Error

Defective Truck and Auto Parts

Farm Tractor Roll Over

Failed Seatbelts and Passenger Restraints

Rotating Shaft / PTO Entanglements

Negligent Use of Firearms

Auto Collisions

Abuse of Firearms

Home and Building Explosions

Farm Equipment Malfunction

Building Design Defects & Collapses

Roadway / Highway Design Defects

City and State Law Enforcement Errors

Medical Malpractice

Radiology Malpractice

Failure to Diagnose

In Hospital Suicide: Failure to Protect

Birth Trauma

Toxic Shock

Machine Entanglement

Electrocution – Overhead Lines

Flammable Products

Food Poisoning

Cell phone and texting distractions

Drunk Driving

Injuries by Unsupervised Animals

Methane & Petroleum Explosions

Teacher Supervision Negligence

Falls from Unsafe Structures

Building Fires

Hunting related shootings

Train Crossing Collisions

Big Rig Negligence.

At Domina Law Group pc llo, we do not take "no" for an answer when our client is hurt. We do all we can to turn a premature death into a chance for our clients to win the compensation we think they are entitled to have.

Our case selection process is thoughtful. We understand wrongful death. We know what it means, and we understand how important it is to focus on the real purpose of the law: to compensate the next of kin for their loss and to use the law to prevent such lapses from recurrence.

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