Man Appeals Wrongful Death Verdict ~ OPOLAW Injury Blog

Wednesday, January 28, 2009

Man Appeals Wrongful Death Verdict

A man found liable by a jury for his wife's scuba diving death has appealed the verdict and wants a new trial from the state Supreme Court. Former Jamestown, R.I. town councilor David Swain was found responsible for the death of his wife Shelley Tyre after she drowned on vacation in the British Virgin Islands in 1999. A wrongful-death lawsuit against Swain was filed by Tyre's parents, who accuse Tyre of both pursuing another woman at the time of his wife's death, and of killing Tyre for money. Swain is claiming that his right to an attorney was denied when Superior Court Judge Patricia Hurst, who denied an earlier request for a new trial from Swain, refused to postpone the start of his trial after one of his lawyers became sick with cancer. Hurst states that Swain was warned repeatedly to find another attorney before trial. The jury's award has risen to more than $6 million including interest. Police on the island of Tortola are investigating Tyre's death.

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