Family of teen who died while trapped in vehicle sues city

Associated Press

CINCINNATI

The family of a 16-year-old student who died while trapped in a vehicle after a failed response to his two heartrending 911 calls sued the city of Cincinnati on Monday.

The wrongful-death lawsuit filed in Hamilton County charges the city, two 911 center employees, two police officers and a former city official with actions the suit alleges led to Kyle Plush’s death in 2018. Plush’s parents have said the object of the lawsuit is to find out what went wrong and make sure it doesn’t happen again.

The lawsuit states that “defendants acted recklessly and with deliberate indifference in failing to protect Kyle Plush, causing him to suffer greatly before his death.” It seeks a jury trial and compensatory damages of more than $25,000 against the defendants. Punitive damages to be determined at trial are being sought against defendants other than the city.

A statement from the Gerhardstein & Branch law firm, which is representing the family, says the lawsuit details a “deteriorating” Cincinnati 911 program in the months leading up to the teen’s death. The goal of the legal action is to uncover the 911 problems “that led to Kyle’s death,” according to the statement. Al Gerhardstein is a veteran civil-rights attorney.

City Manager Patrick Duhaney in a statement Monday expressed condolences to the family for the “tragic loss of their son.” He added that the city has since reviewed and evaluated the ways in which it responds to emergencies and has developed and implemented changes “in a transparent and collaborative manner.”

Duhaney also stated that while the city solicitor’s office will defend those named in the lawsuit, the administration wouldn’t comment further at this time, “given that there is active litigation.”