Alfonso Santana died on a Lawrence sidewalk back in 2005. The Boston Globe reports that as a result, Alfonso Santana's family filed a wrongful death lawsuit against two Massachusetts Police troopers and a Lawrence police officer because they claim that his death was caused by a police chokehold.
He was questioned outside a suspected drug house when the tussle occurred.
The lawsuit challenges the finding of cocaine in Santana's blood, but not his urine. A pathologist who testified on behalf of the family said it was a "physiological impossibility." He brings up the possibility that someone may have tampered with the blood sample.
While the pathologist said in a deposition that the chokehold by the police was hard and long enough to block the flow of blood to his brain, lawyers for the defendants deny all of the claims. One of the lawyers wrote: "There is no physical evidence on Mr. Santana that supports this theory."
While they claim that is the case, U.S. District Judge Richard G. Stearns has denied motions to dismiss the lawsuit. He ruled that there was enough evidence to support the claims and allow a jury to decide what happened that day.
A Boston personal injury lawyer will tell you that typically in a wrongful death lawsuit, there are a few elements that need to be present.
- Death of a human being.
- The death was caused by the negligence of another, or with an intent to cause harm.
- Surviving family members are now suffering from monetary injury as a result of the death.
- There has been an appointment of a personal representative for the estate.
If you have specific questions about wrongful death, talking to a Boston personal injury attorney can help. For more general information, please visit our Related Resources links.
Related Resources:
- Wrongful Death - Overview (FindLaw)
- Call A Boston Personal Injury Attorney (FindLaw)
- Cape Cod Hospital Settles Wrongful Death Lawsuit (FindLaw's Boston Personal Injury News Blog)
ShareThis
