Court: Family can sue over incorrect death report - FOX13 News, WHBQ FOX 13

Court: Family can sue over incorrect death report

Posted: Updated:
By BOB CHRISTIE
Associated Press

PHOENIX (AP) - The Arizona Court of Appeals is reviving a lawsuit filed by the family of a young woman who were incorrectly told by Arizona state police that she had died in a car accident.

The court ruled Tuesday that Maria and Jose Guerra and their daughter April can sue the Department of Public Safety for negligence for the July 2010 mix-up that led officers to tell the parents that the then-19-year-old had been killed.

Instead, it was one of April's friends, 21-year-old Marlena Cantu, who was killed in the rollover accident. Cantu's parents stood vigil at the Phoenix hospital where she was reportedly being treated.

The Maricopa County Medical Examiner's Office didn't discover the mix-up until six days later.

A trial court had thrown out the Guerra's lawsuit.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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