Cook County Record

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School board sued over alleged evidence destruction

By John Putz | Mar 2, 2016

CHICAGO — The administrator of a deceased man's estate is suing the Board of Education of the City of Chicago, citing alleged destruction of evidence.

CHICAGO — Mark Dasher, independent administrator of the estate of former Spencer Elementary Technology Academy teacher James Dasher, sued on Feb. 23 in Cook County Circuit Court.

Mark Dasher's suit claims that the board of education owned and kept on site a Philips HeartStart automatic external defibrillator (AED) that failed to activate despite repeated attempts when James Dasher was stricken with an emergency heart event on Feb. 24, 2015. James Dasher died that day, and the defendants destroyed physical evidence of the malfunctioning piece of equipment that would be critical, material and highly relevant in relation to any civil action the estate might bring, the suit says.

The plaintiff alleges that potentially critical evidence for a civil suit had been destroyed, thus hampering his ability to investigate what happened and bring a suit. The plaintiff holds Board of Education of the City of Chicago responsible because the defendant allegedly wrongfully, intentionally and consciously and/or negligently acted in such a way that this evidence was destroyed.

The plaintiff seeks the following: judgment against the defendant in an amount in excess of the minimum amount required for jurisdiction of the court. He is represented by Robert J. Bingle of Corboy & Demetrio, P.C. in Chicago in Illinois.

Cook County Circuit Court Case number 2016-L-001914

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City of Chicago Corboy & Demetrio

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