Man Charged With Manslaughter After Tragic Death of 11-Year-Old
Date: April 4, 2013
Names: Kylie Hornych, David Herman
Police report that on April 4, 2013 Kylie Hornych, of Aloha, was outside of her house playing with a neighbor. David Herman reportedly suffered a diabetic episode and lost control of his Toyota Prius. The vehicle veered off the roadway and collided with mailboxes, a barricade, a tree and finally the 11-year-old girl. Emergency services were called, but unfortunately, Kylie died in the ambulance on her way to the hospital.
Initially, the country district attorneys office found no criminal wrongdoing. It was reported that Herman was responsible in checking his blood sugar levels and taking his medication, so it seemed unlikely that he would have been able to foresee what would happen.
However, it was later discovered that Herman had been involved in a similar 2007 accident. In that accident, Herman suffered a diabetic episode and rear-ended another car, drove over a sidewalk, hit a mound of dirt, went airborne and struck a tree. In the 2007 accident, no one was seriously injured.
After reopening the case, the district attorneys office determined that there was enough evidence to criminally charge David Herman for manslaughter and reckless driving. He was arrested on Friday, August 23, 2013.
We would like to express our deepest sympathies to the family of Kylie Hornych. We hope the arrest in the case can give you some comfort during your time of loss.
In these cases the grief of losing a loved one is deepened by the knowledge that their death may have been due to someone else’s negligence. While it is a small consolation, it is possible to file a wrongful death claim under ORS 30.010-30.1000.
The Oregon statute outlines who is entitled to compensation. Spouses, children, and parents are the most common claimants, but under some circumstances, grandchildren, siblings, and grandparents may be able to bring a wrongful death claim as well. A Personal Representative, usually chosen by the family and approved by a judge, must bring the lawsuit for these beneficiaries.
It is important to note that the time limits for filing a wrongful death claims are very complicated and depend entirely on the circumstances. Your time limit (statute of limitations) may be as little as one year, so preserving evidence and seeking legal help in a timely manner can be extremely important to the case.
If you need to speak with a Portland wrongful death attorney, most offer free consultations. Many will also help you investigate the accident for free until you decide what to do about representation. Let them help you navigate this legal process, so that you can grieve without jeopardizing your rights.
If you are looking for more information about wrongful death claims, please order our free guide, Oregon Wrongful Deaths: A Family Guide to the Civil Justice System After the Death of a Loved One.