In a unique case of wrongful death, a family was able to prove that their loved one died due to the extreme pressure placed on her during a telephone call from her landlord throwing her out of her home, as reported by The Post and Courier.
In September 2006, M.N.'s family hadn't paid their rent for two months because the landlords had not repaired their broken windows. The property manager phoned the home, M.N. answered the call, and was threatened that she and her family would be tossed out the following day.
According to O.N., M.N.'s daughter, her mother began to shake, her skin turned white and her breathing became heavy. Less than an hour later M.N. had a heart attack, and two hours after that she died.
The lawsuit claims that M.N.'s death was a direct consequence of the phone call threatening eviction that was both "egregious and inconsiderate" as well as a breach of tenant law.
O.N. won a $1.75 million award, as ordered by a judge, and the money is now due from the Dean-Kelby Realty brokerage firm in Mount Pleasant.
Dean-Kelby has dissolved – leaving the settlement in limbo.
In the suit O.N. said that she had previously asked that the manager not speak to her mother due to her poor health. And though O.N. knew that the phone call was only a threat, her mother took it seriously.
After the call, according to O.N., "I told (my mother) to calm down. I ... told her everything was okay. My mother was very fearful that somebody would come and put our stuff out."
J.B., the homeowner and one of the defendants in the suit, had this response: "(O.N.) should have known that failure to pay rent might result in eviction." Allegedly J.B. ordered Dean-Kelby to make the telephone call but feels he is not responsible for the outcome.
State business records reveal that Dean-Kelby was first sold, and then dissolved, in early 2009. The lawsuit was filed in August – B.K.C., the company's primary agent, filed for bankruptcy in September.
B.K.C. has since been absolved of any financial responsibility in the lawsuit. He told reporters that he felt "sorry for" the family's loss.
O.N., M.N., three children and their grandmother inhabited the home. In the year that they lived there various maintenance issues were reported to the management. The biggest issue was three broken windows that caused their electricity bills to soar.
O.N. finally refused to pay her rent until the windows were repaired while Dean-Kelby proceeded to start eviction proceedings.
After M.N.'s death Charleston-based attorney Jeffrey Barnwell filed the lawsuit seeking $5 million. According to the lawsuit the property manager's phone call was "atrocious and utterly intolerable in a civilized community."
Loosing a loved one is intolerable on its own. However, loosing a loved one due to the fault of another party is grounds for a lawsuit. Click here to contact a personal injury lawyer to help you collect your damages.