On behalf of Weisman, Kennedy & Berris Co., L.P.A. posted in wrongful death on Tuesday, October 9, 2012.
When people make purchases from local businesses, they typically don’t expect to end up in a quarrel that results in injury or worse. Unfortunately, that is what appears to have happened to a Wheelersburg man, and his widow has filed a wrongful death suit against the business and two representatives because of the fatal incident.
The lawsuit alleges that representatives of Stakers Sales and Service in Ohio sold the couple a used lawnmower in January. Later, the company claimed the couple owed them money for the machine, which the couple disputed. Two representatives from the company appeared at the couple’s residence on July 11 and demanded the disputed payment. Shortly afterward, they left threatening to return.
Allegedly, the two representatives returned the next day and one shot the decedent in chest with a pistol.
The lawsuit charges the business and the two men with trespassing, intentional infliction of emotional distress, assault, and common law battery. The widow is seeking damages for loss of companionship, loss of earning, funeral expenses, care, counseling, mental anguish and attorney’s fees among other things.
The man allegedly responsible for shooting the victim was not indicted by a grand jury. However, the burden of proof for criminal cases is very different from civil cases. Those in similar situations, however, should research their legal options before filing a case with the Ohio courts. Speaking to an attorney experienced in wrongful death may be helpful. A death in the family shouldn’t also bring with it financial difficulties.
Source: Portsmouth-DailyTimes.com, “Holsinger’s widow files civil suit against Stakers,” Frank Lewis, Oct. 3, 2012