The family of a deceased mechanic was supposed to get almost $500,000 from the Baltimore Police Department after a wrongful death verdict.
But on Friday, Maryland?s second-highest court said the relatives won?t see any of the money.
Based on a technical violation, the Court of Special Appeals vacated the wrongful death verdict against two officers accused of “gross negligence” in Joseph Wilbon?s death.
Because attorneys did not file notice of the suit with the Baltimore City Solicitor within six months of Wilbon?s 2000 death, a Baltimore City Circuit Court jury?s verdict that awarded Wilbon?s family $498,000 must be reversed, the court ruled.
The family “did not provide a sufficient explanation” for failing to notify the city solicitor within six months, wrote Maryland Court of Special Appeals Judge Patrick Woodward.
Allen Eaton, attorney for Wilbon?s family, said the family was upset by the judge?s decision.
“They?re obviously disappointed, but we?ll keep trying,”said Eaton, who added that his clients were considering an appeal to Maryland?s highest court. “This man was a mechanic, who the police mistook for a homeless man. When he got to the hospital, he had gravel in his face and signs of contusions. This was at a time when the city was trying to get so-called ?vagrants? off the streets.”
Wilbon?s family accused officer Jeffrey Mathena Jr. and Officer Trainee Franklin Hunsicker of delaying taking Wilbon to the hospital to get necessary medical attention in the hour before his death.
The officers took Wilbon into custody at about 1:15 p.m. June 5, 2000, after receiving a report that a homeless man was trying to “get into several cars,” the ruling states.
By 2:30 p.m., police transported Wilbon to the emergency room, where he suffered a seizure while waiting for treatment, and was pronounced dead at 3:30 p.m. from “cardiac arrhythmia.”
On April 28, 2005, a jury ruled in favor of Wilbon?s family on the claims of battery, false arrest and imprisonment. Mathena and Hunsicker?s attorney, William Phelan Jr. , did not return a call for comment by press time Friday.
