Karen Read still has a lawsuit from the O’Keefe family pending against her and, according to legal experts, it could have significant financial implications depending on how it plays out.
Family members of Read’s former boyfriend, Boston Police Officer John O’Keefe, filed a lawsuit against Read and two bars in August. During the retrial of the criminal case against her, the judge put the civil case on hold.
The lengthy criminal retrial ended last month with Read found not guilty of second-degree murder, drunken driving manslaughter and fleeing a deadly accident. But she was found guilty of driving while intoxicated.
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After the case’s verdict, a lawyer representing the O’Keefe family, Marc Diller, said he expected the lawsuit “is going to move forward, business as usual, now that the criminal matter is over,” according to The Boston Globe.
FOX Business reached out to Diller for comment on the status of the lawsuit.
In the lawsuit, members of O’Keefe’s family allege Read was liable for the death of O’Keefe’s over three years ago and for negligent and/or reckless infliction of emotional distress on family members, among other claims. It also made claims against two bars, C.F. McCarthy’s and Waterfall Bar & Grill.
Read has denied the claims. The two bars have also denied the claims, according to The Globe.
Spencer Kuvin, chief legal officer at GOLDLAW, told FOX Business the likelihood of the case going to trial or being settled could “depend on whether or not she has insurance that could cover her for this.”
He said it was “likely” the lawsuit would go to trial if Read didn’t have liability coverage through insurance.
Jamie Wright, a Los Angeles trial attorney and founder of The Wright Law Firm, said settlements are common in lawsuits but noted Read’s situation “is distinct.”
“She may fight this to the end if she believes she was railroaded and wants her whole story told,” Wright said. “Conversely, the plaintiffs may attempt to reach a settlement if they fear being grilled on the stand or exposing themselves to scrutiny.”
Kuvin said settlements “are always a compromise of a disputed claim, so it’s always generally less than the verdict, because you have to factor in the possibility that you could get a verdict of zero.”
If the O’Keefe family’s suit goes to trial and Read loses, damages would be “whatever the jury feels is reasonable,” he said.
“So, it would be looking at the economic losses, which would include lost wages for the rest of the young man’s life, any money he would have earned over his lifetime that was lost. And then it would be up to a jury to determine a fair amount for the pain and suffering of the survivors that were left behind,” he told FOX Business.
“And those damages could be in the multimillions of dollars because it’s valuing the life of a loved one, and that’s very difficult.”
Wright said “hundreds of thousands, if not millions” could be “at stake” and insurance “might not pay for everything,” depending on the claim.
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Kuvin said a jury would “determine the total measure of damages” and then the “percentage of fault of each defendant,” which would “control who is responsible to pay what.”
“But in Massachusetts, even if you only have a small percentage, you’re liable to pay the full amount, but then you can get it back from the other defendants who are only partially at fault as well,” he explained.
If a jury were to rule in favor of Read, she “doesn’t have to pay and her name is cleared if she’s only defending herself,” according to Wright.
Read “could, however, walk away with actual money if she goes back and files a lawsuit, perhaps for defamation, malicious prosecution or something similar,” Wright said, noting such a path “is difficult.”
Kuvin told FOX Business the verdict in Read’s retrial “means absolutely nothing in civil court.”
“The standard of proof in criminal court is exceedingly high. It’s beyond a reasonable doubt. That is basically any possible doubt that you have, you have to say ‘no,’” he explained. “In civil court, our standard is merely a preponderance of the evidence.”
He thought that the evidence put forward by the prosecutors in the retrial “was highly convincing” and said that “certainly that type of evidence, by the greater weight, would probably lead to a verdict in favor of the deceased’s family.”
In Wright’s opinion, Read’s chances of winning the lawsuit are “better than before, but by no means assured” after her recent retrial.
She also noted the standard of proof for lawsuits was a “far simpler hill to climb” but said Read “gains momentum from the acquittal.”
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“The evidence has already been put to the test once, and it weakens the case against her,” Wright said.
FOX Business reached out to the lawyers representing Read in the civil case for comment.
Read will be on probation for a year for driving while intoxicated.
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