Yes, that's another element of damages in a wrongful death suit.
-- As for "pain and suffering": that of the widows, the parents, even the siblings is something that no dollar value can approach ... --
True that, no more than the law can restore sight to the blind, or reattach severed limbs. All a civil court is empowered to do is order a transfer of money from the wrongdoer to the victim. A dollar amount is eventually assigned.
-- Can the families sue the Cossacks and Bandidos as entities, or the Confederation? --
Sure, for what it's worth. There are a couple of difficulties, one of which is that the clubs have little to nothing in the way of assets. Companies are often sued for damages caused by their products, so there is nothing in principle that bars a suit against an identifiable organization. The "reasonably foreseeable outcome is death" angle requires proving a group intention to act.
One of the widows (Estate of Jesus Delgado Rodriguez) has sued Twin Peaks for negligence and gross negligence.
-- And then there is "contributory negligence". --
You can bet that defendant Twin Peaks will raise that affirmative defense in the Rodriguez case.
“Estate of Jesus Delgado Rodriguez”
As far as any of us can tell with what we now know, he was the most innocent of those unnecessarily killed.
Sadly, our present “litigious society”, is what forces families of victims to file suit to obtain any semblance of justice. Those whose actions and decisions might have contributed to the death, cannot come out in human sympathy, for that would go against their legal advice, lest mere human outreach imply corporate guilt!
Maybe all the widow really needs is such human outreach and sympathy, and likely the only way she can get it, is to sue. OH. If you are wounded by an injustice, the only way you can obtain any justice no matter how limited, is to suffer more, and BTW pay for expert witness and attorney’s expenses! Been there, done that, and not sorry for the additional suffering and monetary expense, after all I did get an apology . . . after three years, some acknowledgment of “wrongful death.” It is not about the money.
I do not advocate going after one party because they have “deeper pockets”. I am not assuming that is what she is doing. She is bereaved and wants some acknowledgement that someone contributed to the death of her loved one.
If Twin Peaks went against police advice and hosted the event despite warning of trouble, she has grounds for her suit.
And if there are grounds for similar suits against the Cossacks, Bandidos, and the Confederation, I hope victims file such suits. Even if they do not have deep pockets. Maybe a suit or two could put an end to those nefarious organizations.
I do not doubt, were her case to go to trial, that “contributory negligence” and all manner of legal attacks against the dead biker and the family would be brought to bear, merely to limit the monetary damages. Sad. But that is where we are. Other than monetary damages, there is nothing the civil legal system can offer.
Cboldt wrote -
“You can bet that defendant Twin Peaks will raise that affirmative defense in the Rodriguez case.”
Yes, I think you are right. And one of the defendants has already done so in its answer to the Don Carlos lawsuit -
“b. Plaintiff’s damages, if any, were proximately caused by the criminal acts of third parties. See Petition § I, p.2. The criminal acts of third parties constitute a superseding cause of the damages alleged by Plaintiff.
c. Plaintiff’s damages, if any, were proximately caused by the actions of law enforcement agents. See Petition § I, p. 3. The acts, orders, mandates and/or requirements of law enforcement agents, investigating authorities, and/or the government agencies/entities for whom they worked, constitute a superseding cause of the damages alleged by Plaintiff.”