COURT FAVORS FATALITY SUIT MOM CAN SUE SCHOOL DISTRICT OVER FIGHT THAT KILLED HER SON.Byline: Karen Maeshiro Staff Writer PALMDALE - An appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. said a judge should reinstate a lawsuit against the Palmdale School District The Palmdale School District is a school district that serves a major part of the city of Palmdale, California (USA). The Palmdale School District was first formed in 1888. Approximately 28,000 students are enrolled in the Palmdale School District. over the 1999 death of a Juniper Intermediate School pupil in a schoolyard fistfight. A three-judge appellate panel has given Van Nuys Superior Court Judge Michael Farrell For the Australian cricketer, see . For the American screen actor, see . Michael Farrell (born 1944) is an Irish civil rights activist and former leader of People's Democracy. until the end of next week to set aside his ruling that the district cannot be sued over the death of Stephan Corson. ``All that Mary Corson wanted to do is prove the case not only against the other boy but against the Palmdale School District for allowing it to happen, so she is going to get her day in court against the district and against (the other student),'' said Melanie Lomax, attorney for Mary Corson, Stephan's mother. The order issued Wednesday by the 2nd District Court of Appeal said it appeared Farrell erred in September when he granted the district's motion to have the lawsuit thrown out. The attorney for the district said the appellate panel has asked Farrell to reconsider his ruling. ``The Court of Appeals seems to agree that the plaintiff should be able to state a cause of wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons. If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action against the district,'' attorney Martin Carpenter said. Lomax said the appeals court will issue of writ of mandate writ of mandate (mandamus) n. a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts. reversing Farrell's decision unless Farrell notifies the court by Friday that he has vacated his prior ruling dismissing the case against the school district. ``Judge Farrell's ruling kicking out the school district saying they are not liable for the death of Stephan Corson has been reversed,'' Lomax said. Stephan Corson's death was ruled a homicide by the Los Angeles County Coroner's Office, which said the boy died from damage to his spinal cord spinal cord, the part of the nervous system occupying the hollow interior (vertebral canal) of the series of vertebrae that form the spinal column, technically known as the vertebral column. caused either by a punch thrown by the classmate or from hitting the ground with his chin. Los Angeles County prosecutors declined in April 2000 to file charges against the 14-year-old classmate, saying he acted in self-defense in what was termed an ``excusable homicide EXCUSABLE HOMICIDE, crim. law. The killing of a human being, when the party killing is not altogether free from blame, but the necessity which renders it excusable, may be said to be partly induce by his own act. 1 East, P. C. 220. .'' In their report, prosecutors said 11 witnesses said Stephan started the fight, and that a teacher told investigators that after she separated the boys, Stephan reached around her and punched the other boy, who then struck back. Stephan fell, hitting his head on a concrete surface, the report said. Other witnesses and the boy's family have disputed that account, saying Stephan was being held back by another student when he was punched the last time. The case was transferred to the Van Nuys court after Lomax argued that Antelope Valley jurors might be tainted by pretrial publicity The right of a criminal defendant to receive a fair trial is guaranteed by the Sixth Amendment to the U.S. Constitution. The right of the press (print and electronic media) to publish information about the defendant and the alleged criminal acts is guaranteed by the First Amendment. . CAPTION(S): photo Photo: (color) Stephan Corson Killed on campus |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion