Last summer, we wrote about the July 4 beach fight that resulted in the death of 17-year-old Kevin Kennelly. It appears that Kennelly was playing the peacemaker role between a friend and then-19-year-old James Malecek.
That point may have been lost on Malecek as he punched Kennelly in the face, killing him. Malecek is currently facing criminal charges of involuntary manslaughter. Now he, his sister, and his mom will also have to deal with a wrongful death lawsuit.
In their lawsuit, Kennelly’s family claims that Malecek’s mother, Marguerite Malecek, supplied her minor children with alcohol. As a result, her drunk daughter allegedly started trouble with one of Kennelly’s friends, prompting James Malecek to look for a fight. Kennelly apparently told Malecek to “calm down” and was killed for it, reports the Chicago Tribune.
While the lawsuit names all three Malecek family members, it may be difficult to find liability for anybody beyond James Malecek himself. In a wrongful death action, the plaintiff will normally have to show the actions of the defendant reasonably caused the harm. With Malecek’s mother, it may be a bit of stretch to tie underage drinking to manslaughter. She may have demonstrated poor judgment in letting her kids drink, but that doesn’t mean she should be liable for a young man’s death from a fight gone wrong.
Malecek’s sister could be liable if she incited the fight, but unless she was pushing her brother to “kill” or “punch” Kennelly, it’s hard to imagine holding her liable for Kennelly’s death either.
The family members of Kevin Kennelly sued James Malecek and his family members for the July 4 beach fight death. Malecek bears obvious responsibility for the death, but it’s unclear how his sister and mother could be held liable.
Related Resources:
- Find a Chicago Personal Injury Attorney (FindLaw)
- Wrongful Death Suit Filed in Long Beach Case (NBC)
- Wrongful Death - Overview (FindLaw)
- Ask A Question about Personal Injury now (FindLaw Answers)
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