A New Low in American Law.

[cigdaze]

Seriously! WTF?!?!

IRS worker's widow sues Texas suicide pilot's wife

AUSTIN, Texas – The widow of the Internal Revenue Service employee killed when a Texas man crashed his plane into the agency's Austin office is suing the pilot's widow.

Attorney Daniel Ross says the lawsuit against Sheryl Stack seeks to determine if the pilot left behind insurance policies or other assets.

Ross represents Valerie Hunter, whose 68-year-old husband Vernon Hunter was killed last week when authorities say Joseph Stack deliberately crashed his single-engine plane into the IRS office.

Joseph Stack left behind a lengthy anti-government Internet posting blaming the IRS for personal problems spanning decades.

The lawsuit filed Monday says Sheryl Stack should have warned others about her husband.

A message seeking comment was left Tuesday with a family spokesman for Sheryl Stack.
http://news.yahoo.com/s/ap/20100224/..._crash_texas_1

[Wobble]

I dont know about the warnings, dont see how that is possible.

As far as the financial compensation. Seems like some should be in order. Be interesting to see what the courts decide.

I do have great sympathy for Vernon Hunters widow and the others that were injured.

From what I have read the man owned two planes so it seems that there may be an estate. It is ironic that the IRS will get theirs first and there may be nothing left for the widow.

[cigdaze]

Naturally, I sympathize with the widow. The poor bastard woke up that morning, headed to work and died at the hands of this lunatic. Had the suicide pilot somehow survived, I'd certainly be in favor of holding him personally responsible. No question about it.

But the premise of this suit - charging that his wife is responsible, and that she should have warned someone - is ludicrous, in my opinion.

[fund razor]

I dont know about the warnings, dont see how that is possible.

As far as the financial compensation. Seems like some should be in order. Be interesting to see what the courts decide.

I do have great sympathy for Vernon Hunters widow and the others that were injured.

From what I have read the man owned two planes so it seems that there may be an estate. It is ironic that the IRS will get theirs first and there may be nothing left for the widow.

I agree and think that any civil action should be limited to Stack's estate. If Stack's widow is an heir, and her inheritance is reduced by a judgement against the estate so be it. But she should be immune from civil action resulting from her spouse's independent bad act.
She (Stack's widow) could also have claims against the estate.

[htrdlncn]

The local news here in Austin reported that the reason for the suit was to keep the autopsy from becoming public, victim has many grandchildren and they didnt want them reading the gruesome details. They stated they were not looking for financial gains but the only way to keep the autopsy sealed was to file a suit.
Take it for what its worth..
_______________________________________________________________


"The family wanted the autopsy report on Mr. Hunter to remain private," said Daniel Ross, the attorney representing Hunter's family.

Ross said the family was concerned about graphic details about Hunter's death being released.

"Mr. Hunter had 8 grandchildren at various ages and they simply did not want any of them reading the details of the autopsy," Ross said.

Legally, there could have been no temporary restraining order without a lawsuit. That's why the wrongful death lawsuit was filed against the estate of Joe Stack.

"My client of course has stated that her heart goes out to Mrs. Stack and she considers Mrs. Stack as much a victim in this as anyone else," Ross said.
I quite frankly don't believe at this point that's really an issue that's near her mind, she hired me to do a job.That job, at the moment, is to stop the release of the autopsy.

[Ted]

The local news here in Austin reported that the reason for the suit was to keep the autopsy from becoming public, victim has many grandchildren and they didnt want them reading the gruesome details. They stated they were not looking for financial gains but the only way to keep the autopsy sealed was to file a suit.
Take it for what its worth..

Yeah, okay, let's go with that

[cigdaze]

Do you need life insurance to have a sealed autopsy?

"Attorney Daniel Ross says the lawsuit against Sheryl Stack seeks to determine if the pilot left behind insurance policies or other assets."

[fund razor]

Daniel Ross is a personal injury/wrongful death lawyer.

http://www.rosslawpc.com/daniel-ross

You don't need one of those to seal an autopsy.

[BBB725]

As far as the financial compensation. Seems like some should be in order. Be interesting to see what the courts decide.

Actually it will be a workers comp claim, he was killed at work

[03darkshadow]

Naturally, I sympathize with the widow. The poor bastard woke up that morning, headed to work and died at the hands of this lunatic. Had the suicide pilot somehow survived, I'd certainly be in favor of holding him personally responsible. No question about it.

But the premise of this suit - charging that his wife is responsible, and that she should have warned someone - is ludicrous, in my opinion.

i agree, unless they find out mrs stack knew that he was going to do it, but i doubt she did.

[JupiterSunsation]

I don't think Mrs. Stack had a whole lot of control over her husband at any point!

She lost her home, her husband and got dragged into the limelight for something her husband did.....no responsibility.

On any life insurance......If you commit suicide and the policy is over 2 years old your beneficiary gets paid full value. However if you die in the commission of a felony the insurer has a right not to pay. There could be a case here whether it was a felony death or suicide.

Also if he was the beneficiary of the policy then the proceeds go into his estate. If his kid or wife were the beneficiary then the proceeds are NOT part of the estate. Also anything held in joint is not part of the estate (house, cars, bank accounts, etc.).

The plane he crashed was not his, he stole it from the local airport!

[LaughingCat]

i agree, unless they find out mrs stack knew that he was going to do it, but i doubt she did.

Yeah, she most likely didn't know he was going to do it if she and daughter were in teh house when he set it on fire.

[BBB725]

Actually it will be a workers comp claim, he was killed at work

Beneficiaries of a deceased employee are due weekly compensation payments equal to a percentage of the employee’s average weekly wages, subject to a maximum amount and a minimum amount established by the Texas Workers’ Compensation Act. Weekly payments to the surviving spouse are payable for life or until the spouse remarries. In the event of remarriage, a lump-sum payment equal in amount to the compensation due for a period of two years is paid.

[MarylandMark]

Interesting to see how this plays out.

I see both sides- the family of the killer shouldn't have to pay for his actions but the murdered victims family should be entitled to some sort of compensation as well; just not sure where from.

Not in this case because of the ages involved, but doesn't Social Security pay if a child is under 18 and loses a parent?

[BBB725]

Weekly payments to a child shall continue until the age of 18 or beyond such age if the child is actually dependent (disabled at time of the injury), or until 25 years of age if enrolled as a full-time student in an accredited educational institution. All other beneficiaries (where there is neither a surviving spouse nor child) are due weekly payments for 364 weeks.

[phragle]

Interesting to see how this plays out.

I see both sides- the family of the killer shouldn't have to pay for his actions but the murdered victims family should be entitled to some sort of compensation as well; just not sure where from.

Not in this case because of the ages involved, but doesn't Social Security pay if a child is under 18 and loses a parent?

Sure the victims family is entitled to something. Life is dangerous thing. He had a greater chance of dying driving to work. Since life is a fragile thing, when you have people who depend on you, you have life insurance.

[JupiterSunsation]

Interesting to see how this plays out.

I see both sides- the family of the killer shouldn't have to pay for his actions but the murdered victims family should be entitled to some sort of compensation as well; just not sure where from.

Not in this case because of the ages involved, but doesn't Social Security pay if a child is under 18 and loses a parent?

Also keep in mind people have gotten away with crimes due to "insanity" pleas.....if this guy was "insane" at the time couldn't his wife be off the hook as well?

IRS should payoff the victim's wife, after all they were the employer. If a guy on my jobsite gets killed you can be assured I would get sued by the next of kin!

[MarylandMark]

Good point Phragle.

I'm shopping life insurance right now. I have 1X base pay free from work, upping it since me and the woman bought a house together. Can't go too high- don't want to be worth more dead than alive which some may debate I'm over insured already.

[MarylandMark]

IRS has an innocent spouse clause so wonder if that could come in to play on them going after his estate for his taxes since the wife would now most likely be entitled to his estate?

[JupiterSunsation]

Good point Phragle.

I'm shopping life insurance right now. I have 1X base pay free from work, upping it since me and the woman bought a house together. Can't go too high- don't want to be worth more dead than alive which some may debate I'm over insured already.

Shop around.....agent's commission can put dollar signs in his/her eyes instead of your best interests.

Remember term insurance is cheaper but if you have any health issues later you may be uninsurable. Hep C, heart issues, organ issues in general are issues that may not kill you but will make you uninsurable later.