Case Result: Wrongful Death Jury Award For 3-Year-Old Child
Rector Stuzynski Law Firm recently secured a $269,500 wrongful death jury award on behalf of the 3-year-old daughter of Robert Johnson Fox, following a civil trial that involved a complex intersection of criminal law, property rights, and wrongful death liability.
The Facts Of The Case
On April 19th, Jovan Milanovic shot Robert Johnson Fox in the chest with an assault rifle during an attempted burglary at Southwest Auto Sales, a car lot Milanovic owned in Colorado Springs. The lot had been burglarized recently, and Milanovic and two relatives were guarding the property when Fox and an accomplice broke onto the lot.
Colorado’s Make My Day Law
Under Colorado’s “Make My Day Law,” landowners are generally protected from being found liable for injuries sustained by a trespasser on their property. However, that protection does not extend to injuries that are the result of the landowner’s willful or deliberate actions. The distinction between an accidental shooting and a deliberate one became the central question of the civil case.
Milanovic was found not guilty in the criminal proceedings. In the civil case, however, the burden of proof is lower — a preponderance of the evidence rather than proof beyond a reasonable doubt — and the jury reached a different conclusion.
How Attorney Terry Rector Won The Case
Our own Colorado Springs wrongful death attorney, Terry E. Rector, successfully proved to the jury that the fatal shots were fired on a “relatively level plane” based on physical evidence found at the scene. This evidence contradicted Milanovic’s claim that the shooting was accidental and supported the conclusion that the shots were fired deliberately. The jury found Milanovic liable for the wrongful death of Fox, ultimately awarding $269,500 to compensate Fox’s 3-year-old daughter.
This case illustrates an important principle that many people are not aware of: a not-guilty verdict in a criminal case does not prevent a civil wrongful death action from succeeding. The two proceedings operate under different legal standards, and a person who is acquitted criminally can still be held civilly liable for the same conduct.
Contact Our Colorado Springs Wrongful Death Attorneys
If someone you love has been lost due to another person’s negligence or wrongful conduct, our attorneys can help. At Rector Stuzynski Law Firm, our Colorado Springs wrongful death lawyers will review your case and fight to obtain the compensation your family deserves. Understanding what damages you can recover in a wrongful death case is an important first step. Call us today at (719) 578-1106 for a free consultation. We are available 24/7 and ready to help.
