Ariz. family in mix-up case files suit against state
Sergio and Maria Guerra, of Glendale, claim the state Department of Public Safety failed to follow protocols when officers said their daughter, Abby Guerra, 20, died in a crash last July as she returned home after a weekend trip to Disneyland.
Six days after the Guerras were told their daughter had died, officers contacted the family again.
They said Abby's close friend, 21-year-old Marlena Cantu, had actually died in the accident while Abby was in critical condition at St. Joseph's Hospital and Medical Center .
The Guerras' suit names DPS Director Robert Halliday, a DPS chaplain and four officers the family said failed to follow department policies.
According to DPS policy, officers must positively identify a deceased person before informing family members.
"If positive identification cannot be accomplished for any of several reasons, dental records, fingerprints, DNA samples or birth certificates may be of value. Alternatively, if positive identification is provided by a third party, all circumstances surrounding the identification should be documented," the DPS policy states.
In reports released last year, officers wrote that a nurse inaccurately identified the badly injured young woman in the hospital bed after officials struggled to identify the young woman dead at the scene of the crash.
The nurse, identified in reports as "Nurse Maria," asked the two women's parents about identifying marks. Guerra's mother said her daughter had a birthmark on her chest. Rather than let the parent look, the nurse checked and didn't notice one, according to the DPS report. She told officers Guerra had died and they informed the young woman's mother.
Days later, a Maricopa County Medical Examiner's Office investigator said the dead woman he examined, and had been told was Guerra, had wisdom teeth. Guerra's were removed two months earlier. And there was no birthmark on her chest.
Within hours, the mix-up was confirmed.
Capt. Steve Harrison, a DPS spokesman, said he could not comment on the case because of the pending lawsuit. He said it "does not appear" the department conducted a related internal investigation.
Mick Levin, an attorney representing the Guerras, said the family did not file suit to win damages, though it sought $250,000 in a January notice of claim.
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By fitsnews • on August 2, 2011 She's the daughter of South Carolina's “Creepy Comptroller” Richard Eckstrom, a girl who wisely sided with (and financially supported) her mother Peggy Eckstrom during the couple's high-profile divorce proceedings
Her claim cited the Attorney General's Office, DPS and Maricopa County. Attorneys for the family could not be reached and an assistant who answered the phone Friday said they would not comment. County court records show no suits have been filed.
if you ask us) from casino employees and sold $200 in Girl Scout cookies to same on his daughter's behalf (for their sake, we hope most were Samoas). New York State Inspector General Ellen Biben today released an investigative report that found a
His work on “Everwood” and in the movies “Sum of All Fears,” “The Gift” and “The General's Daughter” are just a few of his credits. Lieber is a hometown hero who pitched for the Pittsburgh Pirates, Chicago Cubs, New York Yankees and Philadelphia
Louisville Metro Police said 30-year-old Chesica White and her 12-year-old daughter assaulted bus driver Johnetta Anderson on a JCPS bus in March. White said her 7-year-old son was being bullied on the bus Anderson was driving.
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