'HELP, I'M ALMOST DEAD'
Boy, 16, made harrowing 911 call while being crushed to death inside van seats as parents win right to sue
THE parents of a 16-year-old-boy who suffocated in the backseat of a minivan after calling 911 for help will be allowed to continue with their lawsuit.
It was reported on Wednesday that the wrongful death suit filed by Kyle Plush's family's against cops, 911 dispatchers, and a former city manager in Cincinnati, , will go to trial despite the city's attempts to dismiss it.
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The Ohio First District Court of Appeals on Wednesday ruled that two officers, two call-takers, and the ex-city manager, all demonstrated recklessness, neglect, and indifference when Plush dialed 911 for help.
Plush, a small boy for his age, was removing items from his minivan parked in a lot across from Seven Hills School when he got trapped in the third-row seat on April 10, 2018.
Plush could not reach his iPhone but used the Siri virtual assistant to call 911 twice when he got stuck, reported .
While crying and gasping for air, Plush told dispatchers that he thought his life was in danger and described his minivan.
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The first call-taker, Stephanie Magee, categorized Plush’s situation as “unknown trouble."
She did not pass on the minivan information, or his comments that he might die, to two police officers she dispatched to the scene.
Responding officers Brian Brazile and Edel Osborn did not thoroughly search the parking lots or leave their patrol car.
"This is not a joke," Plush said during . "I am trapped inside a gold Honda Odyssey van in the (inaudible) parking lot of Seven Hills.
"Send officers immediately. I'm almost dead."
The second call-taker, Amber Smith, answered Plush while the officers were still around the school.
Smith activated a teletypewriter connection intended for callers who have difficulty hearing, which made it more difficult for her to understand Plush.
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After the call, Smith did not record any information on the dispatch system.
Plush suffocated and died after the minivan seats pushed against his chest.
A Hamilton County coroner ruled Plush’s cause of death as “asphyxia caused by chest compression.”
Former Cincinnati City Manager Harry Black was allegedly aware of issues at the 911 call center, which weren't addressed.
These reportedly included poor training, understaffing and undependable technology.
The court found that he could be held accountable for “wanton or reckless actions" as a result of improvements not being made to the center.
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It ruled the victim’s parents, Jill and Ron Plush, could not hold Cincinnati responsible because the death did not happen on land owned by the city, but rather in a private parking lot and he didn't die during the call.
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On Wednesday, the Plush family’s lawyer, Al Gerhardstein, said they are “eager to return to the trial court, conclude discovery and try this case.”
“We want the call for justice on behalf of Kyle to be heard by all those in power including the mayor, city manager, and all those on City Council,” the lawyer said.
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