Doug / 07-07-2011 / Wrongful Death

Dalton’s Widower Sues The Government For Wrongful Death

According to Brooklyn Paper, a Fort Green man whose wife was fatally run over by a Treasury Department agent plans to file a wrongful death lawsuit against the department. Michael Dalton filed a notice of claim against the federal government, giving them six months to settle the case before proceeding with the wrongful death lawsuit. Dalton’s wife was fatally injured while she rode her Vespa last July.

Dalton says he quit his job to take care of the couple’s daughter and two sons after the accident. Aileen McKay-Dalton was struck by a Ford SUV while riding her Vespa. The SUV was driven by a Treasury Department agent named Joel Murphy. Witnesses said that they saw Murphy run a red light and that he was speeding. An investigation found that Murphy was not criminally negligent and he received a traffic summons.

If a wrongful death lawsuit is eventually filed, the Treasury Department will face trial, as the agent was traveling in an official capacity when he fatally hit Dalton. The department claims it took all appropriate action to evaluate and investigate the tragedy. However, Dalton’s widower felt that Murphy had impunity because he worked for the government, saying he did not have to obey the law as a federal agent.

Wooten Kimbrough, P.A. – Orlando personal injury lawyers

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