The family of Brain Cardall filed a wrongful death lawsuit against the Hurricane Police chief, and police officer and the City of Hurricane after he was killed by a police taser.
In 2009, Brian Cardall pulled over on the side of the highway to take his bi-polar medication. After a manic episode, the 32-year-old left his car naked and walked out into the road. In a state of panic and out of concern for his safety, Cardall's wife, Anna, called the police to try to detain Brian who was trying to flag down vehicles and direct traffic. In a recording of the 911 call placed, Anna told dispatchers she was worried a car would hit her husband. The recording also picks up the voice of Brian Cardall in the background speaking gibberish. Two officers arrived at the scene, fully aware of Brian's condition and situation. When the officers arrived, Cardall was no longer in the road. According to the personal injury lawsuit, the officer never attempted to calm Cardall, rather tased him twice, which ultimately caused his death a short time later.
After filing a wrongful death lawsuit on Brian Cardall's behalf, the family alleged the actions of the police officer caused emotional distress, willful misconduct and wrongful death. In addition, the personal injury lawsuit contends the police officer ordered Anna Cardall to return to her vehicle, preventing her from helping her husband. The police officers failed to provide any form of medical aid to Brian Cardall before the paramedics arrived. The wrongful death lawsuit states the police and the taser caused Brian's death on June 9, 2009.
Last month, the defendants asked a federal judge to dismiss this case. However, the judge has decided the personal injury case will go to trial. The personal injury attorney representing the Cardall family said they "are anxious for a jury to hear the evidence" in this case. In addition to Anna, the couples two daughters, Ava and Bella, are listed as plaintiffs as well as Cardall's parents, Duane and Margaret Cardall.
Taser International claims the use of tasers are much safer compared to a police batons and pepper spray. While the company claims the safety of tasers, a number of deaths from a police taser may prove otherwise.
Farris, Riley and Pitt is a personal injury firm located in downtown Birmingham, Alabama. For almost two decades, the attorneys have been representing injured people all over Birmingham and throughout Alabama. Handling various personal injury matters, the Birmingham lawyers represent those injured in car accidents, tractor trailer accidents, suffered nursing home abuse, electrocution injuries, child related accidents, burn injuries and on the job injuries.
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