INTEROFFICE MEMORANDUM
TO:
JAMES REYNOLDS
FROM:
A.PARALEGAL
SUBJECT:
WRONGFUL DEATH SUIT
DATE:
MARCH 27, 2015
I have been asked by my supervising attorney to draft a pre-litigation memo regarding the
hit and run death of Samantha Crow on September 18, 2014. After researching the laws in Ohio,
I feel it would be in Gregory Crow’s best interest to proceed with a wrongful death suit against
Dr. Richard Sayer on behalf of his deceased wife and their three surviving minor children. Mr.
Sayer had been at an event at his local country club where he consumed exuberant amounts of
alcohol before getting into his car and driving home. Mr. Sayer was traveling at 50 mph in a 35
mph zone when he struck Samantha Crow who was running in the same direction as Mr. Sayer
was traveling at approximately 8:34pm. Mr. Sayer Struck Mrs. Crow and as a result her body
flew 167 feet. Her neck broke and she was killed instantly. Mr. Sayer continued home where he
was found by police five hours later, and given a breathalyzer test that resulted in him being
twice over the legal limit in Ohio. He was charged with several felonies however, he was only
convicted of a misdemeanor DWI.
Under the ORC §2125.01 and 2125.02 of the wrongful death statute, when the death of a
person is caused by a wrongful act, neglect or default which would have entitled the injured
party to maintain an action and recover damages if death had not ensued, the person who would
have been liable if death had not ensued, or the administrator or executor of the estate of such
person, as such administrator or executor, shall be liable to an action for damages,
notwithstanding the death of the person injured. Under § 2125.02(A)(1)(2)(3) of the ORC parties
and damages section (A)(1) states that a civil action for wrongful death shall be brought in the
name of the personal representative of the decedent for the exclusive benefit of the surviving
spouse, the children, and the parents of the decedent, all of who are presumed to have suffered
damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of
the decedent. 2125.02(3)(B)(i) when determining the amount of damages to be awarded, the jury
or court may consider all factors at the time decedents death that are relevant to a determination
of the damages suffered by reason of wrongful death. Mr. Crow is able to recover damages
outlined in ORC2125.02(3)(B)(1)(2)(3)(4)(5), Loss of support from the reasonable expected
earning capacity of the decedent; loss of services of the decedent; loss of society of the decedent,
including loss of companionship, care, assistance, protection, advice, training and education
suffered by the surviving spouse, children and parents next of kin to the decedent; loss of
prospective inheritance to the decedent’s heirs at law at the time of the decedents death; the
mental anguish incurred by the surviving spouse, children and parents of the decedents.
Although Dr. Sayer was only found guilty of driving while intoxicated, and was given a $1,000
fine and one year in jail, he is still very much liable for damages, however there is a clause in
Ohio and most of the other fifty states that also allows for the defendant to raise the issue that the
decedent contributed to the accident as outlined in ORC Ann. 2315.19. The defendant will argue
that had Mrs. Crow been wearing reflective clothing while running at dusk or near dark and
running facing traffic and not running with it, the accident would not have happened. If the court
or jury agrees with the defendant on his claim then it will be decided how much the decedent was
at fault, and the judgment will be reduced by the amount of responsibility that was placed upon
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the decedent and that will be the amount awarded. Despite this possibility, I feel that Mr. Crow
should proceed accordingly with suit against Dr. Richard Sayer, in the state of Ohio filing in
Richland County, in the Richland County Common Pleas Court. We need to preserve all
evidence, and this case should not be discussed with anyone at any time outside of the legal team
and immediate family members.
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References
Bar, O. (n.d.). Ohio Bar; Torts. Retrieved from Ohio Bar :
https://www.ohiobar.org/General%20Resources/LawandYou/TLAY_Chapter05.pdf
Writer, L. (2001-2005). Ohio ORC Codes. Retrieved from Ohio gov codes: http://codes.ohio.gov/orc/2125
Writer, L. (2004, September 02). Law Writer Ohio Codes. Retrieved from Ohio Codes:
http://codes.ohio.gov/orc/2307
https://advance.lexis.com/api/document/collection/statutes-legislation/id/5D47-84G16VDH-R44N-00000-00?context=1000516
https://advance.lexis.com/api/document/collection/statutes-legislation/id/5D3J-JVM1705K-R4HJ-00000-00?context=1000516
https://advance.lexis.com/api/document/collection/statutes-legislation/id/5D47-8KP16VDH-R0G9-00000-00?context=1000516
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