OH - Kyle Plush, 16, dies after being crushed by minivan seat & two 911 calls, Cincinnati, Apr 2018

[al66pine]

Parents' Wrongful Death Action?

Boy, 16, called 911 while being crushed to death in van and parents now sue

@Blondie in Spokane Thx for your post w link.
Sooo, some city employees and officials, but not the city, may be found liable in a later trial IIUC.
From ^ article, published Dec. 17, updated Dec 18.

".... the wrongful death suit filed by Kyle Plush's family's against cops, 911 dispatchers, and a former city manager in Cincinnati, Ohio, will go to trial despite the city's attempts to dismiss it...."
"The Ohio First District Court of Appeals on Wednesday ruled that two officers, two call-takers, and the ex-city manager, all demonstrated recklessness, neglect, and indifference when Plush dialed 911 for help..."
"It ruled the victim’s parents, Jill and Ron Plush, could not hold Cincinnati responsible because the death did not happen on land owned by the city, but rather in a private parking lot and he didn't die during the call."

 

[IceIce9]

I had wondered why the family did not sue Honda. I got my answer this morning.

I was listening to local news and it was brought out that there was an improperly stored spare tire behind the seat that prevented the seat from locking into place. This was contrary to the manufacturer’s recommendation.

 

[news buff]

I had wondered why the family did not sue Honda. I got my answer this morning.

I was listening to local news and it was brought out that there was an improperly stored spare tire behind the seat that prevented the seat from locking into place. This was contrary to the manufacturer’s recommendation.

The Police and 911 certainly seem to have failed Kyle on the day he died, but the family also has responsibility. If the tire had not been there, the seat would have locked and Kyle would not have been crushed. Poor child.

 

[Alleykins]

The Police and 911 certainly seem to have failed Kyle on the day he died, but the family also has responsibility. If the tire had not been there, the seat would have locked and Kyle would not have been crushed. Poor child.

Was there a warning on the seat about such a hazard? Because, if there wasn't a "Do not put objects here as seat will not lock and you could be crushed to death" warning, I think it's a bit insensitive to blame the parents in any way. I had no clue a seat could do that. None. And I'm sure I'm not alone in this. I also don't recall a warning on any of the rear seats of the SUVs I've had, either, but they're sure all over the seat belts. I think it's wrong to blame the parents in any way if they didn't know about the seat hazard, too.

 

[IceIce9]

Was there a warning on the seat about such a hazard? Because, if there wasn't a "Do not put objects here as seat will not lock and you could be crushed to death" warning, I think it's a bit insensitive to blame the parents in any way. I had no clue a seat could do that. None. And I'm sure I'm not alone in this. I also don't recall a warning on any of the rear seats of the SUVs I've had, either, but they're sure all over the seat belts. I think it's wrong to blame the parents in any way if they didn't know about the seat hazard, too.

The seats will not lock into place if an object is stored improperly behind them. I had a Honda CRV and had difficulty several times getting the rear seat latch in place. My own fault because I had camping gear stored behind them and it interfered with the seat latching.

There are warnings about ensuring the seats latch in the manual.

This isn’t specific to Hondas either. My Subaru SUV rear set will not latch into place when if I am careless about storing my equipment behind it.

Once I turned a corner and my rear seat passenger fell forward because the seat wasn’t latched properly. So I was more careful after that.

 

[IceIce9]

Was there a warning on the seat about such a hazard? Because, if there wasn't a "Do not put objects here as seat will not lock and you could be crushed to death" warning, I think it's a bit insensitive to blame the parents in any way. I had no clue a seat could do that. None. And I'm sure I'm not alone in this. I also don't recall a warning on any of the rear seats of the SUVs I've had, either, but they're sure all over the seat belts. I think it's wrong to blame the parents in any way if they didn't know about the seat hazard, too.

 

[IceIce9]

Was there a warning on the seat about such a hazard? Because, if there wasn't a "Do not put objects here as seat will not lock and you could be crushed to death" warning, I think it's a bit insensitive to blame the parents in any way. I had no clue a seat could do that. None. And I'm sure I'm not alone in this. I also don't recall a warning on any of the rear seats of the SUVs I've had, either, but they're sure all over the seat belts. I think it's wrong to blame the parents in any way if they didn't know about the seat hazard, too.

I don’t think anyone is victim-blaming here. But the fact that the tire was improperly stored was a contributory factor in this terrible tragic accident.

 

[Alleykins]

The seats will not lock into place if an object is stored improperly behind them. I had a Honda CRV and had difficulty several times getting the rear seat latch in place. My own fault because I had camping gear stored behind them and it interfered with the seat latching.

There are warnings about ensuring the seats latch in the manual.

This isn’t specific to Hondas either. My Subaru SUV rear set will not latch into place when if I am careless about storing my equipment behind it.

Once I turned a corner and my rear seat passenger fell forward because the seat wasn’t latched properly. So I was more careful after that.

I've owned a handful of SUVs and never saw a warning on the seats themselves. That's what I'm referring to, not what's in a manual. I don't know too many folks who read the manual unless they're looking for something specific, or maybe it's just me. But still, I have read the owners manual of one or two of mine and never heard of seat locking issues. Never had any issues with seats, even in my Subaru, but I don't ever put the rear seat down or store a lot of stuff in the hatch. Except for groceries back in the day when there was a carseat in the backseat (where I prefer to put groceries), I hardly used the "way back". I guess unless you have an issue with seats not locking or regularly load up a hatch area with gear so the rear seat doesn't lock, and then go looking for info on why it may not be locking, which it sounds like it you have, it's not something an every day person would even think to read about in a manual. Like the time I had problems with my air ride system, there was no mention of disabling it to be put on a lift or be towed in my mafacturer's manual, but there was in the generic one I bought. When I called the dealer, they swore it was in their manual, and I brought it and said show me. They couldn't, so they fixed it for free. Not everything's in there, I found out.

 

[IceIce9]

The family settled for $6 million

Plush family reaches $6M settlement with Cincinnati over teen's wrongful death

 

[Alleykins]

Though it won't bring Kyle back, I'm glad the family has received compensation for their loss.

 

[dixiegirl1035]

Three years tomorrow the tragedy happened.

I was thinking of Kyle while following another trial these past 2 weeks. I hope that they get fixed what needs to be fixed. It wasn't mentioned that they have instituted smart911, and I do hope that they will have the budget to do things on top of the $200k for the 5 years experts.

Thanks for the heads up @IceIce9

 

[BrownRice]

I had wondered why the family did not sue Honda. I got my answer this morning.

I was listening to local news and it was brought out that there was an improperly stored spare tire behind the seat that prevented the seat from locking into place. This was contrary to the manufacturer’s recommendation.

I guess that’s the loophole Honda needed.

 

[DeDee]

It appears that the person who took the call had already said that she was overworked and had problems at work.
Believe it when I say that customer service people and nine-one-one people pretend that they don't hear you to make you get off the call because they don't want to deal with it or they think it is a false Call Etc..

Imho

Now the city must bear the costs of the settlement. It's as it should be.

"The first call-taker, Stephanie Magee, categorized Plush’s situation as “unknown trouble."

She did not pass on the minivan information, or his comments that he might die, to two police officers she dispatched to the scene.

Responding officers Brian Brazile and Edel Osborn did not thoroughly search the parking lots or leave their patrol car.

"This is not a joke," Plush said during his second call. "

 

[IceIce9]

The Plush Family Is Answering the Call - Cincinnati Magazine

In 2018, following a series of mistakes by Cincinnati’s 911 system and police, 16-year-old Kyle Plush died. His parents, Jill and Ron Plush, now consult with emergency call centers to make sure that tragedy never happens again.

www.cincinnatimagazine.com

When Kyle tried to retrieve his tennis gear from the back of his car after school, the bench seat flipped and trapped him against the van’s rear door. Unable to move and struggling to breathe, he used voice activation technology to place two successful 911 calls. It was a heroic effort that should have saved his life. It didn’t.

“As a 911 caller calling for help, Kyle did everything right,” says Jill, her eyes filling with tears. “So why did help not reach him in time?”

 

[Alleykins]

The Plush Family Is Answering the Call - Cincinnati Magazine

In 2018, following a series of mistakes by Cincinnati’s 911 system and police, 16-year-old Kyle Plush died. His parents, Jill and Ron Plush, now consult with emergency call centers to make sure that tragedy never happens again.

www.cincinnatimagazine.com

When Kyle tried to retrieve his tennis gear from the back of his car after school, the bench seat flipped and trapped him against the van’s rear door. Unable to move and struggling to breathe, he used voice activation technology to place two successful 911 calls. It was a heroic effort that should have saved his life. It didn’t.

“As a 911 caller calling for help, Kyle did everything right,” says Jill, her eyes filling with tears. “So why did help not reach him in time?”

It's good to hear they're trying to make something positive come from this tragedy.