New for Saturday, November 1, 2014 NATHAN WINTROWS FAMILY FILES LAWSUIT AGAINST THOSE CONVICTED OF HIS MURDER AND THEIR FAMILIES By Kathy Leese Nathan Wintrows family has filed a lawsuit for wrongful death and damages in Miami County Common Pleas Court against those responsible for his murder. In a lawsuit filed by Ben Eberly of Klein, Tomb and Eberly law firm in Troy, who is representing the family, David Wintrow, Nathans dad and the administrator of his estate, has filed the lawsuit on behalf of himself, Nathans three year old son, Braxton and Tresa McKinney, Nathans mother. The lawsuit was filed on October 28. The lawsuit was filed against Patrick McGail, whose address is listed as the Orient Correctional Reception Center, Jason Sowers of the same address and Brendon Terrel, who is listed as being an inmate at the Lebanon Correctional Institution. Also named as defendants in the lawsuit are James McGail, father of Patrick McGail and Beth McGail, both of Troy, Jessica Lowe, who is the natural mother of Jason Sowers, address unknown; Jane Doe 1 (mother of Patrick McGail); Jane Doe 2 (Mother of Jason Sowers); John Doe 1, father of Patrick McGail and John Doe 2, father of Jason Sowers. The lawsuit states that on October 30, 2013, Jason Sowers, Patrick McGail and Brendon Terrel went to Nathan Wintrows home without permission and attempted to rob Nathan with a firearm, conspired to rob him and shot him to death in the course of the robbery. The lawsuit states that Jason Sowers shot and killed Nathan Wintrow and the lawsuit notes that Patrick McGail has been charged with aggravated burglary, murder and aggravated robbery. Jason Sowers was convicted of murder, aggravated burglary and aggravated robbery and Brendon Terrel was convicted of aggravated robbery and aggravated burglary. The first of eight counts listed in the lawsuit is for wrongful death against Jason Sowers. The lawsuit states that Jason Sowers was responsible for the death of Nathan Wintrow and states that Sowers acted with reckless disregard for the life of Nathan Wintrow. The second count is for wrongful death against Patrick McGail and states that Nathans murder was directly and proximately caused by the wrongful act of Patrick McGail. Defendant Patrick McGail acted with reckless disregard for the life of....Nathan Wintrow. The count goes on to state that McGails actions were with specific intent and led to Nathan Wintrows murder. Count three is for wrongful death against Brendon Terrel and states that Nathan Wintrows murder was the direct result of Brendon Terrels actions and it notes that Terrel acted with reckless disregard for the life of Wintrow. Count four is for willful and malicious assault by your children per Ohio Revised Code (ORC) 3109.10 against James McGail and Beth McGail. It states, James and Beth McGail are liable for the actions of Patrick McGail when defendant Patrick McGail willfully and maliciously assaulted (Nathan Wintrow) by a means or force likely to produce great bodily harm. In Count five, the parents of Patrick McGail, Jane Doe 1 and John Doe 1, are named as being liable for the actions of Patrick McGail since Patrick McGail willfully and maliciously assaulted (Nathan Wintrow) by a means or force likely to cause great bodily harm. Count six is against Jessica Lowe, the natural mother of Jason Sowers. It alleges that under ORC 3109.09, she is liable for the actions of Jason Sowers, who the lawsuit states, willfully and maliciously assaulted (Nathan Wintrow) by a means or force likely to produce great bodily harm. In Count seven, John Doe 2 and Jane Doe 2, the natural parents of Jason Sowers, are named for willful and malicious assault by your children under ORC 3109.09 for being liable for the actions of Jason Sowers who the lawsuit states, willfully and maliciously assaulted (Nathan Wintrow) by a means or force likely to produce great bodily harm. Count eight is for intentional tortious conduct against Defendants Jason Sowers, Patrick McGail and Brendon Terrel, for having acted intentionally on or about October 30, 2013 and it states, the actions of Patrick McGail, Brendon Terrel and Jason Sowers was the cause of the injury of Nathan Wintrow. The family of Nathan Wintrow is asking for: 1. Judgment against the defendants, jointly and individually, in an amount exceeding $25,000 plus incidental and consequential damages. 2. Loss of support from the reasonably expected earning capacity of (Nathan Wintrow). 3. Loss of services from (Nathan Wintrow). 4. Loss of the society of (Nathan Wintrow), including loss of companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction and education. 5. Pain and suffering and mental anguish. 6. Attorney fees and costs as allowable and permitted by Ohio law. 7. Specific awards allowable under ORC 3109.10. 8. Reasonal funeral and burial expenses. 9. Punitive damages. 10. Any and all other relief the plaintiffs are entitled to as a matter of law. The family of Nathan Wintrow is also asking for a jury trial.
Posted on: Sat, 01 Nov 2014 15:57:13 +0000
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