Monday, January 19, 2015

Bowling Green Widow Drops Wrongful Death Lawsuit

Can law enforcement agencies be held responsible for delay in medical treatment to a shooting victim?

On February 26, 2013, Brandon Bradshaw of Bowling Green said goodbye to his wife and three children, left home, and never returned. Bradshaw, who was 27 years old, was shot that day after a road rage incident; he died from his injuries a few days later at Vanderbilt University Medical Center in Nashville.

One year later, Bradshaw’s widow filed a wrongful death lawsuit against former Warren County court security officer Tommy Brown, who shot her husband, and top officials at three local law enforcement agencies. At the end of 2014, Heidi Bradshaw asked her attorney to withdraw the lawsuit, telling him that the litigation was preventing her from finding any peace and closure.

The wrongful death lawsuit had alleged that the police agency responding to the scene of the shooting informed EMS that Bradshaw was “10-7,” police code for deceased, and EMS waited before assessing the scene. When EMS did examine Bradshaw — at least seven minutes later — they found he had a strong pulse. Bradshaw’s widow pointed to that delay in treatment as reckless disregard of and deliberate indifference to Bradshaw’s life and alleged a failure by top officials to adequately train and supervise officers. The lawsuit also claimed that law enforcement failed to preserve evidence pertaining to the shooting.

Bradshaw was shot three times in a parking lot off the 31-W Bypass after he and Tommy Brown were involved in a traffic dispute. Both men pulled off the road and confronted each other, ultimately pulling their firearms. Eyewitnesses reported that Brown shot through Bradshaw’s driver-side window; Bradshaw was struck three times and wounded in his arm, hand and at the base of his skull. Investigation revealed that Bradshaw’s gun was loaded, but a round was not chambered at the time of the incident.

A Warren County grand jury did not indict Tommy Brown, who was employed at the time as a Warren County court security officer, but was off duty and not in uniform. Shortly after no indictment being returned, Brown resigned. Throughout the proceedings, Brown maintained that he acted in self defense.

If you or a loved one has been severely injured or killed, call Warren and Barren County, Kentucky wrongful death attorney Flora Templeton Stuart at (888) 782-9090 to schedule a free consultation. Flora and her team are available 24 hours a day, 7 days a week. They have decades of experience handling personal injury matters throughout Kentucky, Tennessee and elsewhere.