Unborn Child Listed in Wrongful Death Suit

by Amber Cortez | November 13th, 2012 | Blog, Wrongful Death

Christopher Schmidt, his wife Diana and their three children (one unborn) were tragically killed on September 9th after truck driver, Josef Slezak, crashed into the rear of Mr. Schmidt’s car at 75 mph, causing him to crash into his wife’s car in front of him. The children were in Mrs. Schmidt’s car. The entire family was killed instantly. The parents of the Schmidts filed a lawsuit against Slezak, his employer, two other truck drivers who had caused a delay in traffic that the Schmidts were stuck in and the employers of those truckers as well. This is the first wrongful death suit to include an unborn fetus due to a Nebraska law extending legal protection to fetuses at any stage in development.

Slezak has been charged with four counts of manslaughter, 4 counts of vehicular homicide and a single count of vehicular homicide of an unborn child. He is currently awaiting trial in a Cheyenne County District Court.

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