Personal Injury Law

Husband Sues Wife for Wrongful Death

By Jeff Lowe, Esq.

In a recent tragic case, a man sued his wife for the wrongful death of their son, claiming that she acted willfully in suffocating the child to death.

Lloyd Rochester is suing Stephanie Rochester; both are residents of Superior, Colorado. According to Lloyd's attorneys, Stephanie deliberately chose to put a plastic bag and blankets over her son's head and hold them down until he expired. Lloyd is arguing that these intentional actions resulted in a loss of companionship due to his son's death, as well as his wife's ongoing legal troubles.

Specifics include claims that Stephanie was under the belief (false, as it turns out) that her son had autism. She believed this was emotionally and financially damaging, and acted to kill her son before he became too much of a burden on her life.

For her part, Stephanie has pleaded not guilty by reason of temporary insanity, though specifics are unavailable. The defense team has asserted that Lloyd's actions are going to damage the still-ongoing criminal case, as the suit calls his credibility into question. They argue that it has done the prosecution no favors, and that it makes Lloyd's motivations look primarily monetary in nature, rather than justice-oriented.

The original arrest took place on June 1st of last year. Stephanie was arrested after the child was taken to the hospital, dead on arrival. She told investigators at the scene that she had placed the plastic bag and blankets over the child's head and held them there until he died, so they arrested her immediately and arraigned her the next day. Her plea of not guilty was filed in December, while the wrongful death suit filed by Lloyd was only begun this past week.

Given the complicated nature of the case, attorneys for both sides are looking for a way to discredit the other team, and the matter is anything but clear cut.

Full post as published by Missouri Injury Lawyer Blog on February 16, 2011 (boomark / email).