Party Wager Proves Fatal – Accident or Wrongful Death?

Thursday, August 2, 2012

Party Wager Proves Fatal – Accident or Wrongful Death?

Written by Malman Law, reviewed by Steve J. Malman.

According to Chicago personal injury attorneys, Chicago wrongful death is one person’s death as a result of a negligent or willful act of another person. Last fall, a friendly wager made at a gathering resulted in a fatality for which a young woman is currently facing charges.

The Chicago Tribune reports, “A Will County judge this morning declined to drop criminal charges against a Joliet woman who fatally punched a man who took a $5 party game bet last fall.” The female, whose name is Tiffany Startz, faces charges of battery and felony reckless conduct. Startz has not been charged with Chicago wrongful death.

The young man who was killed, John Powell, was performing at a party with his musical group. Tiffany Startz was also in attendance at the gathering. At some point during the party, the host announced that he would pay $5 if someone would allow Startz to punch them. Powell took the bet and the young woman punched him in the face.

As a result, “the impact of the punch ruptured an artery in Powell’s neck, causing blood to pool around his brain and leading to his death soon after at Provena St. Joseph’s Medical Center in Joliet, said Will County Coroner Patrick O’Neil.”

Additionally, the police later discovered that the party attendess chose not to call 911 immediately upon Powell collapsing after the punch. First they concocted a story to tell police, omitting information about the wager and the true nature of Powell’s injury, and also allowed underage party attendees to leave the premises.

Powell’s mother has expressed relief that Startz will face the charges against her. Attorneys for the young woman had indicated that because the punch was consensual, the charges should be dismissed. A judge ruled today that the charges will stand.

The young man’s mother could consider pursuing a case of Chicago wrongful death. A Chicago personal injury attorney would advise you that to pursue a wrongful death claim in Illinois, family member(s) must prove that the liable party did in fact cause the death and, had the victim lived, he or she would have been able to file a personal injury claim for the injuries sustained from the accident.

If you or a family member has been hurt or killed as a result of another person’s negligence, speak with a Chicago personal injury attorney right away. While no amount of money can ever undo the damage, it is possible to be awarded compensation to help your loved one and your family cope with the subsequent financial hardships.