David B. Switalski

  • About Us
  • Areas Of Practice
  • FAQs
  • Blog
  • Contact Us

January 25, 2016 By David B. Switalski

$175,000 Settlement for Death Caused by Taser

On November 8, 2012, John Adams (not his real name), a retired, 70-year old man who had a history of mental illness, was at a gas station.  Two sheriff’s deputies responded to a report from the convenience store clerk of a disturbance caused by Mr. Adams.  The deputies determined that this was a Baker Act situation and asked Mr. Adams to go with them to Tallahassee to talk to a doctor.  The deputies reported that Mr. Adams was defensive and non-compliant. Mr. Adams informed the deputies that he wasn’t getting into the patrol car, that he was leaving, and challenged the deputies to stop him. John Adams turned to walk away and, without warning, one of the deputies shot Mr. Adams in the back with a Taser dart-firing, stun gun causing Mr. Adams to fall from the sidewalk onto the asphalt parking lot a few inches below, cutting open his head and rupturing his bladder.

Mr. Adams had committed no crime, lacked combative skills, had no access to weapons, was outnumbered by much younger men, and lacked physical conditioning.

Mr. Adams was taken by ambulance to Tallahassee Memorial Hospital for emergency care.   After admission to the hospital, Mr. Adams declined rapidly and went into septic shock.  He was transferred to the ICU.  Later that day, a surgeon repaired Mr. Adams’s ruptured bladder and returned him to the ICU for the next several days.   On or about November 16, Mr. Adams transferred to an intermediate care unit. He was apparently getting better, but 3 days later his breathing became distressed.  Mr. Adams was unable to survive the acute respiratory failure that he was experiencing and died around 5:00 p.m. on November 21, 2012 – the day before Thanksgiving.

Shortly after Mr. Adams’s death, his elder daughter contacted attorney David Switalski seeking to hold the Sheriff responsible for Mr. Adams’s death. Mr. Switalski took immediate steps to solidify the issues of liability.

After notifying the Sheriff of the family’s wrongful death claims as required by statute and attempting to amicably resolve the claims without litigation, David Switalski filed suit on behalf of Mr. Adams’s two adult daughters. The daughters sought compensation for the lost parental companionship, instruction and guidance of their father,  their own mental pain and suffering, and funeral expenses.

Following eight months of litigation, which included deposing the deputies involved, gathering voluminous medical and law enforcement records, and retaining an expert in law enforcement procedures and practices, the Sheriff settled the case for $175,000.

Subscribe To Our News & Case Law Updates

Sign up to receive our emails filled with up-to-date news & case law updates.

Subscribe To Our Newletter & Blog Updates

Sign up to receive our emails filled with news & blog updates.

Contact me to request a case evaluation.

Recent Posts

  • $180,000 Settlement for Negligent Driving
  • Law Call Appearance
  • $175,000 Settlement for Death Caused by Taser
  • Reported Cases
  • Should I Challenge My Relative’s Will?

MISSION

Our mission is to provide those members of our community who have been injured or killed by the negligence of another or who need to prepare for their eventual mental or physical demise with justice, dignity, and peace of mind. We work closely with each client to tailor our services and advice to their needs and goals. We represent individuals, not causes, and seek to empower our clients with knowledge of the law and of their rights. We counsel and fight, so that each person in need of help is justly compensated or prepared for their next stage in life.

PAYMENT OPTIONS

NOTICE

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Copyright © 2023 David B. Switalski | Attorney at Law | 1018 Thomasville Road Suite 111-A | Tallahassee, Florida 32303 | 850-222-6200