As reported by the Herald Tribune from Charlotte County, a wrongful death lawsuit, pending for nearly four years since the abduction and murder of a young wife and mother, and a second bid by the Sheriff's Office to have the suit dismissed, is moving ahead.
Jury selection in regards to the alleged 2008 wrongful death of D.L. is set to begin on July 16.
N.L., D.L.'s widowed husband, first filed his suit in 2009. That fall he named Sheriff B.C. and employees in the Charlotte County Sheriff's Office for negligence in investigating his wife's abduction, and for contributing to her murder.
N.L. has long held the belief, as attested in the suit, that a Charlotte County dispatcher mishandled a 911 call – that could have saved his wife's life.
N.L. contends that since 2009 the Sheriff's Office has caused delays in the case and refused to accept any responsibility.
N.L. told reporters, "I'm confident in my attorneys, and I have confidence that the Sheriff's Office will be held accountable for not dispatching that call that could have saved her. If they had put that call through, there is not a doubt in my mind that (D.L.) would still be here."
Patrick Boyle is representing N.L. in the lawsuit. Boyle still fears that the case will be delayed yet again as the lead counsel representing the Sheriff's Office, Bruce Jolly, is planning to ask for a stay of the trial pending an appeal of the decision.
On January 17, 2008, D.L., 21, was abducted from her home in North Point. She was discovered two days later, still in North Point, buried in a shallow grave.
D.L. was located a few miles from where a 911 caller had allegedly reported seeing her in a vehicle driven by M.K., an unemployed plumber, the same night she was abducted. The caller had reported hearing the screams, of what may have been a child, from the back seat of a dark-colored Camaro.
The dispatch center did not relay the call's information to deputies, though deputies were looking for M.K., and he drove a green Camaro.
M.K. was later arrested, convicted and sentenced to death. Along with the charges of kidnapping and murder, M.K. was also found guilty of rape.
The Sheriff's Office has argued that there is no statutory or common law duty of care in regards to how 911 calls are relayed. They further contend that their duty is to the public at large – and not particularly to D.L.
Boyle argued that the Sheriff's Office had a duty to protect D.L. under the circumstances.
Circuit Judge Lee Ann Schreiber denied a similar motion made by the Sheriff's Office in 2010, according to Boyle. An appeal of that decision was also sought – and dismissed.
Boyle said, "It's been a long time, with a lot of time essentially taken away from us by the motion practice of the Sheriff's Office. We think it's time to try this case, and not a time to delay it."
After starting a foundation in D.L.'s name, and pushing for new standards and training of 911 operators, a new state law was approved in 2008. The new law, named after D.L., set up voluntary standards for 911 dispatchers.
Following D.L.'s murder two dispatchers were investigated, suspended and had to take remedial training.
The suit seeks a trial by jury. The statutory limit is $100,000, however, a jury can override that amount in their award.
New laws and monetary awards are often the outcome in a wrongful death lawsuit. To get started, you need to contact a personal injury lawyerto discuss your particular case and file your lawsuit.