Landlord Sued $3.5 Million for Wrongful Death: Pushed Man Down Stairs
Landlord sued for $3.5 million for attacking a man, throwing him down a flight of stairs, and resulting in his death. A wrongful death lawsuit was brought on behalf of Luis Encalada, an Ecuadorean national, who was killed after being physically attacked, that is, assaulted and forcibly removed from an apartment premises by a landlord and then thrown down a flight of stairs, causing him to be killed. According to police investigation, the defendant Joseph DaSilva Jr., landlord in Danbury, Connecticut, stands accused of multiple counts of criminal charges, including assault and manslaughter. The state medical examiner's investigation revealed that the victim was, at the time of the incident, highly intoxicated and likely unable to stand on his own, however, the victim was killed only after he bled to death from the internal injuries he suffered when the landlord shoved the victim down a flight of stairs.
According to police, the 51-year old landlord defendant, DaSilva, faces criminal charges that include first-degree manslaughter and three counts of third-degree assault relating to the attack on Encalada and two companions in the apartment itself, in addition to the act of shoving them down the stairs from the second-floor apartment, which ultimately killed Encalada. Danbury police said the men had spent the previous night drinking in the apartment. The victim's death in the apartment building resulted from the landlord's failure to use proper legal procedure for removal of persons from premises, that is, instead of physically and forcibly making contact with the victim in reckless disregard for his health, welfare and safety, and causing Encalada's death at the bottom of the stairs, the defendant landlord DaSilva should have contacted proper law enforcement authorities.
In addition to the criminal charges DaSilva personally faces, he and his company, DaSilva's Sons Inc., are now being sued by civil lawsuit for $3.5 million on behalf of the Encalada estate and his widow for claims including bills and expenses relating to victim's treatment, transportation of body's return to Ecuador, funeral and burial services, and the widow's claims for loss of companionship.
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