Defendant's Attorney: San Antonio, Texas insurance defense lawyer represented the Defendant.

Description: San Antonio, Texas personal injury lawyer represented the Plaintiff who sued the Defendant on a wrongful death negligence theory.

Yazmin Juarez Coyoy is a migrant from Guatemala. She was detained by U.S. Immigration and Customs Enforcement ("ICE") in Texas shortly after she crossed the border from Mexico, accompanied by her 19-month-old daughter, Mariee Camyl Newberry Juarez. While the two were in ICE custody, Mariee fell ill. According to the complaint, ICE medical staff provided inadequate treatment, which allowed Mariee's illness to progress to a critical state. They then, without proper medical clearance, authorized her transfer to New Jersey by air. Shortly after Marie landed in New Jersey, she was checked into an emergency room and was hospitalized. She died six weeks later, having attained the age of 21 months. Ms. Juarez has filed a complaint against the United States, on behalf of herself and her deceased daughter, alleging wrongful death and medical negligence under Texas state law.

(a) An action for actual damages arising from an injury that causes an individual's death may be brought if liability exists under this section.

(b) A person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.

(c) A person is liable for damages arising from an injury that causes an individual's death if:

(1) the person is a proprietor, owner, charterer, or hirer of an industrial or public utility plant or of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers; and

(2) the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default.

(d) A person is liable for damages arising from an injury that causes an individual's death if:

(1) the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery; and

(2) the injury was caused by:

(A) the person's wrongful act, neglect, carelessness, unskillfulness, or default;

(B) the person's servant's or agent's wrongful act, neglect, carelessness, unfitness, unskillfulness, or default; or

(C) a bad or unsafe condition of the railroad, street railway, or other machinery under the person's control or operation.

(e) A person is liable for damages arising from an injury that causes an individual's death if:

(1) the person is a receiver, trustee, or other person in charge of or in control of a railroad, street railway, steamboat, stagecoach, or other vehicle for the transportation of goods or passengers, of an industrial or public utility plant, or of other machinery; and

(2) the action could have been brought against the owner of the railroad, street railway, or other machinery if he had been acting as operator.

Outcome: Judgment in favor of the Defendant.

Plaintiff's Experts:

Defendant's Experts:

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