Personal Injury Law

$2.133 Million Cook County Wrongful Death Verdict Holds City of Chicago Liable for Alleged Botched Handling of Domestic Violence Incident

After approximately 10 hours, a Cook County jury awarded the estate of Henry Fenton $2.133 million for his Chicago wrongful death. Fenton was beaten with a claw hammer and stabbed by the Rovale Brim, the son of his girlfriend Valerie Brim, on March 4, 2002. The civil lawsuit was filed against the city of Chicago over the Chicago police?s alleged failure to properly handle the domestic violence calls that occurred right before the fatal altercation.

According to a release by the wrongful death law firm that represented Fenton's estate, the 56-year-old man, who was living with Valerie at the time, reportedly contacted police at around 1:30 am to report a domestic violence incident at their residence. Two officers arrived arrived at the scene. They stayed for about 15-20 minutes before leaving.

Fenton called police about 30 minutes later to report another domestic violence altercation with Rovale. The same two cops returned and they escorted Rovale to the sidewalk. The officers left the scene after Rovale began walking away from Fenton's home.

Within six minutes, Rovale returned to Fenton's residence and tried to break in. Fenton contacted police a third time but Rovale stabbed and clubbed him before they arrived. Fenton, who sustained fatal head injuries, died soon after. Rovale was later convicted of second-degree murder.

The Illinois wrongful death verdict awards the estate $1,425,000 for Fenton?s Chicago wrongful death and $708,000 for the seconds of conscious pain and suffering he experienced right before then.

Illinois Domestic Violence Act
Under the Illinois Domestic Violence Act, police officers are supposed to use all reasonable means to stop further abuse when dealing with domestic disturbance incidents. This includes arresting a suspected abuser and making a police report when a bonafide allegation of domestic violence has been made.

$2M Awarded In Wrongful Death Suit Against Police, CBS Local, November 18, 2010

Related Web Resources:
Illinois Domestic Violence Act (PDF)

Chicago Police, City of Chicago

Full post as published by Chicago Injury Attorney Blog on November 22, 2010 (boomark / email).