Freddie Gray City Settlement of $6.4 Million

Freddie Gray was a 25 year old man who died after receiving a spinal injury in a police vehicle on April 19th. His death has led to many riots and protests. The protests did settle a little when the six officers involved were charged for his death. All of the officers plead not guilty.

You can read more about the actual incident and the protests surrounding Gray's death in our previous article: http://abrowninglaw.blogspot.com/2015/05/freddie-gray-death-aftermath.html 

The Baltimore city board has tentatively awarded Gray's family a settlement of $6.4 million. The Gray's attorney said the settlement was meant to have a calming effect, and help water down the violent protests that have been happening.

This settlement is larger than the one given to the family of Eric Gardner($5.9 million) in New York City. It is remarkable because New York has an annual budget around $75 billion, while Baltimore only has a budget of $2.5 billion. In the past, the city capped police brutality settlements at $200,000. This proposed settlement would be paid in two parts, $2.8 million this fiscal year and $3.6 million the next fiscal year.  It was also noted that the Gray family has not filed any civil lawsuit.


Comments from Allen:
This is just amazing and absurd.  Wrongful death judgments are based on lost expected earnings over the decedent's lifetime and jury's value on the value of the lost relationship.

There are two basic aspects of any personal injury suit:  1) liability and 2) damages.  As to liability, by some accounts, Freddy injured himself by banging his head against the wall of the police van in which he was being carried.  There is also evidence, and pretty good evidence, that he should have been restrained while being transported, so I will give the city a pass on assuming liability in this case.

I have a serious problem with the amount of damages awarded in this case.

First, Maryland has a cap on wrongful death damages.  For such actions with two or more survivors, the cap at this time is $1,200,000, not $6,400,000.  

The $1.2 million is the maximum which can be awarded in the best-case-scenario wrongful death case in Maryland.  This case was not a big-damages case, because Freddy was a drug addict who made his living selling drugs.  At the time of his death, by all accounts his future legal earnings were going to be about zero.

The settlement includes a payment of $640,000 to Freddy Gray's father, a father who, by all accounts, had not been in Freddy's life since he donated his sperm.

Merry Christmas, Freddie Gray Sr., the City of Baltimore just gave you a gift.  

Freddy's mother gets $5.36 million for the loss of her drug addict son.  

The City's statement indicated a belief the size of the settlement, $RIDICULOUSLY HUGE, would have a calming effect on the city.  Last I checked, wrongful death settlements were not at all based upon someone's threat to break the law in the event he/she did not like a settlement.  

I think for $6 million, Baltimore could hire a couple of extra cops, and actually allow them to stop lawbreakers, the next time thugs threaten to burn down Baltimore.  

The entire settlement reflects horrible decision-making by Baltimore's city leaders.  This is what happens when a settlement is negotiated with city leaders who want the city to lose.  They have acted as though they had no responsibility to arrive at a fair settlement, but instead had a desire to make the city pay a record-breaking huge settlement.  I place fault directly on the city leaders. 

Why should I care?  Because there will be other people in the future who will be much more deserving than the plaintiffs in this case, who will wonder why Freddy's survivors got such a big settlement and why they are being told there is no money like that available to pay for their loss.   They will believe they should be getting more for their losses than Freddy's survivors, and they will be right.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.buzzfeed.com/nicolasmedinamora/freddie-gray-lawyer-says-64-million-settlement-was-intended#.ano88pev5

http://www.buzzfeed.com/tasneemnashrulla/baltimore-plans-to-pay-64-million-to-freddie-gray-family#.jsqGG35KJ

http://www.usatoday.com/story/news/nation/2015/09/09/baltimore-panel-approves-freddie-gray-settlement/71928226/

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