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Kyle Plush wrongful death lawsuit can proceed against 5 Cincinnati employees, appeals court says Appeals court hears Kyle Plush wrongful death lawsuit arguments By Jennifer Edwards Baker | December 16, 2020 at 4:58 PM EST - Updated December 16 at 8:58 PM CINCINNATI (FOX19) - The Kyle Plush wrongful death lawsuit can proceed against five former and current employees in their individual capacities, but not in their official capacities and not the city itself, the Ohio First District Court of Appeals ruled Wednesday. The decision partially overturns a lower court decision but still returns the case to that court for a trial. The city wanted it entirely tossed out. ....
Kyle Plush s family can continue suit against individual officers, call-takers involved in his death and last updated 2020-12-16 20:21:36-05 The parents of Kyle Plush, a 16-year-old who suffocated in his minivan despite making multiple 911 calls for help, will be allowed to continue their wrongful death lawsuit against police officers, call-takers and the former city manager involved in the incident. The case will go to trial, despite the the city of Cincinnati s effort to have it dismissed entirely. The Ohio First District Court of Appeals ruled Wednesday that all five of the individual defendants â former city manager Harry Black, call-takers Amber Smith and Stephanie Magee, and officers Edsel Osborn and Brian Brazile â had demonstrated neglect, recklessness and indifference to Plushâs safety at the time of his death. ....