On Aug. 13, 1998, plaintiff’s decedent Deborah Kirk, 35, a parking lot attendant, called 911 in Franklin County at 11:06 p.m. She hung up the phone. The 911 operator called back and Kirk said everything is fine, and tells the operator it was just a domestic disagreement. Seventeen minutes later, Kirk placed another call. The phone goes dead about 90 seconds into the call. A third call was then made about five minutes later, where Kirk stated that she had been hit, and requested police. She then stated that her assailant was attempting to rip the phone from the wall. Kirk was then strangled by Marvin Moss, her estranged boyfriend. Moss who admitted to the crime committed suicide in 1999 while awaiting trial. Police knocked on the door that night, but Kirk’s body was not discovered until the next day.
Kirk’s mother, Phyllis May, on behalf of her daughter’s estate, sued Franklin County for her wrongful death, claiming that 911 operators should have sent police officers to the scene after the first call. Plaintiffs’ counsel argued that it is a standard regulation for officers to come to a home of a domestic violence call on the first call. Plaintiffs’ counsel also stated that the 911 operators did not inform the investigating officers that Kirk had stated that the phone was being ripped from the wall. Thus when officers asked the 911 operator to call Kirk back, they should have known that such an action would be ineffective.
Plaintiff’s counsel also maintained that there were sounds of violence on the line during the second call that should have alerted the 911 operators.
Defense counsel offered testimony of the individual who drafted the 911 rules and procedures. He stated that the rules were more “guidelines,” and not meant to be strictly applied.
Defense counsel also argued that the local officers from the township did not perform an adequate investigation that night when they knocked on her door. Defense counsel also stated that the blame should lie with Moss.
Kirk was strangled. The coroner testified that her body was covered in bruises from head to toe. Kirk was May’s only daughter, and the two had enjoyed a close relationship. She claimed survivorship.
The jury returned a verdict for the plaintiff, awarding $2,725,000.
Estate of Deborah Kirk
$2,225,000 Personal Injury: wrongful death
$500,000 Personal Injury: survivorship
Plaintiffs’ counsel is seeking prejudgment interest.