Updated 11:30am Wednesday | The lbpost.com has obtained copies of the wrongful death claims filed separately against the Long Beach Unified School District and the City of Long Beach by the family of shooting victim Melody Ross and their representative law firm, Makarem & Associates.
Click here to download the claim against the LBUSD. Click here to download the claim against the City of Long Beach [Editors’ note: We have removed the claimants’ address and the names and
addresses of listed witnesses].
The claim against the LBUSD was filed on January 14, and the claim against the City of Long Beach was filed on January 22. Details of the claims were reported locally by LBReport.com earlier Wednesday morning.
Neither claim lists a specific monetary amount in damages that are being sought. “Claimants have sustained general damages and special damages and other losses in an amount in excess of the minimum for general jurisdiction of the Superior Court of Los Angeles for the State of California,” the claims read.
The claim against the LBUSD contends that Ross was “sitting on or near school property” when she was accidentally and fatally shot in an alleged gang dispute. The claim at least in part holds the school district accountable on the grounds that “respondent [LBUSD] failed to provide adequate security precautions for the large-scale event. Claimants’ causes of action against respondent include, but are not limited to, premises liability, negligence, wrongful death, negligent hiring, retention and supervision, negligent infliction of emotional distress and dangerous condition of public property.”
The claim also alleges that the LBUSD failed to secure and train an adequate number of security personnel or provide sufficient lighting.
The LBUSD confirmed to the lbpost.com on Tuesday that the claim has been rejected. Lawyers with Makarem & Associates told the lbpost.com on Tuesday that a lawsuit would be filed in response.
The claim brought against the City of Long Beach alleges that the City “failed to fulfill its duties” to the school district by failing to provide and train adequate police officers, provide sufficient lighting in the area and “allowing the Long Beach Police Department to abandon its assignment at the game.”
The claim states, “…the Long Beach Police Department’s breach of its duties to provide adequate security precautions for the game was a substantial factor in causing Ms. Ross’ death.”
City Attorney Robert Shannon told the Gazettes.com Tuesday that the claim has been rejected.
More to come…
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Updated 6:25pm Tuesday | True to the prediction of Ronald Makarem of the Makarem & Associates law firm, the Long Beach Unified School District has rejected the wrongful death claim filed on behalf of the Melody Ross family. This opens the door for the law firm to file a lawsuit against the LBUSD, which Makarem indicated would be the next step during a conversation first reported on the lbpost.com.
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Updated 2:55pm Tuesday | In a phone conversation with the lbpost.com, Ronald Makarem of Makarem & Associates explained that the Ross family has filed a wrongful death claim against the Long Beach Unified School District. Makarem says he expects the school district to deny the claim, upon which Makarem & Associates and the Ross family will file a lawsuit.
“We hope that they accept the claim but we don’t anticipate that they will and we’ll file a lawsuit,” said Makarem, who also said that the Ross family has been going through a very difficult time. He alleged that there could have been better lighting and a heavier security presence at the scene.
“Melody’s death could have been avoided,” he said.
In response to the LBUSD claim that the crime did not technically occur on school property, Makarem said that students have to cross Ximeno Avenue daily to attend classes on both sides of the street and should be considered school property because it sits ten feet from Wilson High.
“There are certain rules that school districts have to follow to protect students and protect people who come to their events,” Makarem said. “The needless danger could have been avoided by security and police presence.”
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2:15pm Tuesday | The lbpost.com has confirmed that the family of Melody Ross has filed a claim against the Long Beach Unified School District. LBUSD spokesperson Chris Eftychiou confirmed this afternoon that a tort claim has been filed. Tort claims relate to wrongful injury or death.
According to Eftychiou, the claim is a necessary step towards filing a lawsuit against a California public agency such as the school district.
The Ross family is being represented by Los Angeles-based law firm Makarem & Associates. The case attorneys did not immediately respond to phone messages.
A 16-year old Wilson High School student, Melody Ross was killed by a stray bullet in an alleged gang shooting following a football game at Wilson on the night of October 30, 2009. The shooting occurred as Ross sat on the curb of Ximeno Avenue, which the LBUSD has maintained is not technically school property.
In December 2009, the lbpost.com named Melody Ross the 2009 Long Beach Person Of The Year.
Developing…
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