Cincinnati Pays 6 million and Establishes 911 Reform After the Death of Kyle Plush

Wrongful Death Lawsuit Win Ensures that Kyle Plush’s Tragic Death Will Push 911 Reform Through in the City

Background

In 2018, Kyle Plush became trapped under a folding seat in his minivan outside his school. He used voice commands to activate his phone to call 911 twice, fearing for his life, but 911 failed to provide help. Six hours later, Kyle Plush’s father found him dead in his van when he failed to return from school.

Plush’s family filed a wrongful death lawsuit in 2019 against the city, two 911 center employees, two police officers, and the former city manager, saying they wanted to find out what went wrong and to make sure it did not happen again and secure fair compensation.

Approach & Resolution

Attorney Al Gerhardstein served as the lead attorney for this 2019 lawsuit. The argument was that defendants were reckless in the way they responded to Kyle’s calls for help and in the way the 911 center was operated. 

The case was settled in favor of the family with payment of six million dollars, the appointment of an expert team, and a five-year agreement to improve the 911 operation under court supervision. The family also helps 911 centers across the country through a foundation named for their son. kyleplushanswerthecall.org

In addition to $6,000,000 in damages, the settlement for Kyle Plush’s wrongful death lawsuit includes a five-year commitment to reform the Cincinnati 9-1-1 Center with the help of a team of national experts. This month the team released their first report. They make numerous recommendations and will provide technical assistance to help the City implement the reforms. Key recommendations include improved staffing, training, procedures, and peer support to improve morale. The entire report is available here (​this will link to the pdf attached on the FG+G website.) We know of no other similar lawsuit that has resulted in such a deep commitment by the parties to fix the underlying problems that caused the tragic death leading to the litigation. FG+G partner Al Gerhardstein says, “If there is a real commitment to the mental health of the staff, if they’re given really good procedures to follow, then our 911 center will rise and be one of the best in the country.”

 

Case News

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Plush Family and Cincinnati Agree to 911 Improvements and Financial Settlement
Plush Family and Cincinnati Agree to 911 Improvements and Financial Settlement

On the eve of the third anniversary of the death of Kyle Plush, the City and the Plush Family have agreed to resolve a lawsuit filed by the family seeking damages and meaningful improvement of the City Emergency Communication Center (ECC).

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VictoriesFG+Gcivil rights, kyle plush, Al Gerhardstein, Cincinnati