According to an article on SFgate.com, “The University of California is asking a judge to toss a federal lawsuit by parents who say UC is responsible for the death of their daughter and her young son, who were in a car driven by the daughter’s drunken boyfriend last year when he slammed it into a tree.”
The case actually has nothing to do with the crash, however. Instead, the suit says that UC failed to take legally required steps to investigate and protect Milanca Lopez, 22, after she reported to her housing director that her boyfriend had been abusing her and her son.
According to the article, “UC says the Lopez family hasn’t proved that the regents or housing coordinator at UC Berkeley knew about an abusive situation or, if they did, that they could have prevented the tragedy.”
Regardless of the outcome of the case, questions are being raised about how the university handles allegations of violence from students and whether UC complies with the federal laws requiring swift, attentive responses to complaints.
Students at UC and California State University have testified that they have been discouraged from reporting sexual abuse, and if and when they do, their claims are often met with skepticism. The article states that “Nine UC Berkeley students and alumni have similar complaints against UC pending with the US Office for Civil Rights.”
The school makes it’s opinion on the matter very clear in their statement saying that “because a college of university has no special relationship with its students, its employees do not owe students a duty to protect them from injuries that other students cause.”
This case has caused much controversy around campus and is still very much ongoing.
The death of a loved one is a tragedy difficult to endure. New York State Law permits an action to be instituted for the wrongful death of a near relative, and for that person’s conscious pain and suffering prior to death. If you are unfortunately in this terrible situation, you may be eligible for compensation. Contact the NYC law offices of Alvin H. Broome and Associates to discuss your case with us. We are here to help you. Visit our website to learn more about wrongful death.