wrongful

The parents of Doug Martin filed a wrongful death lawsuit alleging that police officers used excessive force in trying to subdue the former NFL running back while he was “experiencing a mental health crisis” last October.

The lawsuit, filed Tuesday in the Northern District of California, also claims that paramedics contributed to Martin’s death by failing to “provide timely medical care.” The city of Oakland, several police officers and emergency medical service provider Falck USA/Northern California were named as defendants.

Martin died Oct. 18 in a hospital following his arrest by officers responding to reports of a break-in at a residence. He was 36. His death remains under investigation by Oakland police.

According to the Alameda County coroner’s office, Martin’s autopsy reports still are being finalized. Martin family attorney John Burris told the Athletic that an independent pathologist told the family that Martin potentially died from restraint asphyxia.

“Plaintiffs allege, on information and belief, that Decedent Martin died from restraint asphyxia caused by Oakland police officers and the FALCK NORCAL paramedics’ failure to provide timely medical care,” the lawsuit states.

The Oakland Police Department and Falck Norcal did not immediately respond to messages from The Times.

According to the complaint, Martin was “experiencing a mental health crisis” when his mother called for paramedics. He then fled and hid in a neighbor’s basement, where officers found him.

“After a brief struggle, defendant police officers physically restrained him,” the complaint states. “During the restraint, decedent Martin was placed face down while one or more officers pressed on his back. After a period of time, defendant Officers turned him onto his side.

“When they did so decedent Martin was unresponsive seemingly unconscious; However, the defendant officers initially believed he was sleeping or pretending to be sleep. When decedent Martin remained unresponsive, an officer requested medical assistance.

“Plaintiffs are informed and believe that decedent Martin did not receive immediate medical attention. Falck paramedics arrived over 15 minutes after the call for service and, and when they arrived, did not promptly provide medical care.”

A Stockton native, Martin was a first-round pick by Tampa Bay in the 2012 draft. He played six seasons for the Buccaneers, making the Pro Bowl in 2012 and 2015, before spending his final season with the Oakland Raiders in 2018. In his career, Martin rushed for 5,356 yards and 30 touchdowns.

Lawsuit claims Tesla’s Autopilot shortcomings led to fatal crash; family seeks $1m in damages and punitive measures.

The family of a Texas woman who was killed has filed a lawsuit against Tesla after a driver using a Model 3’s automated driving assistance system crashed into a suburban Houston home last week.

The complaint, filed on Tuesday, argues that Tesla should be held liable for the wrongful death of 76-year-old Martha Avila. The family alleges that the automaker, led by Elon Musk, failed to adequately warn drivers about alleged defects in its Autopilot and Full Self-Driving systems.

Avila’s daughter, Jennifer Barbour, and her husband, Justin Barbour, said the Model 3’s driver, Michael Butler, told law enforcement he engaged Autopilot before ploughing through the front wall of Avila’s home in Katy, Texas, the United States, on June 19, pinning her before she succumbed to her injuries at a nearby hospital, according to the complaint.

Video obtained by KHOU – Houston’s CBS affiliate — shows the car travelling at top speed over the front lawn of Avila’s home in the Houston suburb before slamming into the front room.

The driver told the Harris County Sheriff’s Office that he was using the technology at the time of the accident. The driver in the incident was not under the influence of alcohol and is cooperating with authorities.

Butler is also a defendant in the Barbours’ lawsuit. It is unclear whether he has a lawyer.

Musk, the world’s richest person, posted on X on Monday night: “FSD drives slowly through neighbourhood streets and this was a high-speed crash!”

Ashok Elluswamy, vice president of AI software at Tesla, posted on X in response, saying that “the driver manually overrode self-driving by pressing the accelerator all the way to 100% of the accel pedal in this residential area.”

The lawsuit filed in a Harris County, Texas, state court seeks more than $1m in damages, and punitive damages reflecting Tesla’s alleged “reckless disregard for a substantial risk of severe bodily injury”.

The National Highway Traffic Safety Administration (NHTSA) has been investigating the crash.

Since 2016, the NHTSA has opened nearly 50 special investigations of Tesla crashes believed to involve advanced driver assistance systems. About two dozen deaths were reported.

In March, the NHTSA escalated its probe into 3.2 million Teslas equipped with Full Self-Driving, on concern the system may fail to detect or warn drivers in poor visibility. In 2023, Tesla recalled about two million vehicles, nearly all of its electric vehicles on US roads, to better ensure that drivers pay attention when using Autopilot.

Tesla has said Autopilot enables vehicles to steer, accelerate and brake within their lanes, while Full Self-Driving lets vehicles obey traffic signals and change lanes.

The carmaker has also said both technologies require “fully attentive” drivers whose hands are on the wheel.

The incident comes as the Musk-owned company is rolling out robotaxis using automated software in several US cities this year and plans to invite Tesla owners across the country to put their cars into the fleet using the same system.