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Parents, fiance of slain student file lawsuit

By ASSOCIATED PRESS   Wednesday, January 14, 2009 - 8:51 a.m.
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MADISON, Wis. (AP) — The parents and fiance of a slain University of Wisconsin-Madison student are suing Dane County and others, alleging negligence led to her murder last April.

Kevin and Jean Zimmermann, parents of Brittany Zimmermann, and fiance Jordan Gonnering claim County Executive Kathleen Falk was negligent in failing to properly staff and equip the 911 dispatch center.

The lawsuit claims dispatcher Rita Gahagan did not follow proper procedures when she ended a 911 call from the victim, despite sounds of distress.

The lawsuit does not include a monetary demand. But, an earlier claim filed by the Zimmermanns asked for more than $50 million in damages. Gonnering's claim sought $2 million.




reader COMMENTS (21)
anonomouse
Jan 14, 2009 at 7:36 p.m.
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Cell phones are harder to track down than land lines and if no one answers on call back a location can not always be obtained. Having read about this issue in many articles I'd have to say the dispatcher does hold some liability in this. The comm center does get busy with calls, sometimes dispatchers work alone, but you still do all you can to get help where it needs to be and it doesn't sound like the dispatcher did all she could.

Mikki
Jan 14, 2009 at 2:17 p.m.
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SarahB, that's what I am talking about, forcing them to make the changes.

chemical_6
Jan 14, 2009 at 1:21 p.m.
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Even if the 911 call was responded to the way people think it should have, who is to say that the police would have been able to get there on time, since the call came in on a cell phone and they could only tell the area where she was, not her exact location. Also, who here has heard the ENTIRE 911 call?? I haven’t…
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I can’t believe they would blame the 911 operator for this. Those people so a great job with the training and tools given to them… I could understand the 911 center as a whole… maybe… but not the single operator.
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I don’t see change coming from this lawsuit. They will most likely keep most of the money, with the economy the way it is… and if they don’t then they should be donating to the 911 center since everyone is super concerned with it being understaffed and ill-equipped.
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I just don’t see this tragedy being able to be avoided…. The call seems to be too little too late, unfortunately it took the life of a young girl.

hatescold
Jan 14, 2009 at 1:19 p.m.
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I am very sad that she died and yes it was handled very wrong on many levels but please 52 million dollars total will not bring her back.

curtaincall
Jan 14, 2009 at 12:55 p.m.
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As far as the money, I believe the family said weeks ago they were setting up a foundation and the much of the money would go for scholarships for others. They are not just pocketing the money. Good will come from it. Change will come from it.

SarahB
Jan 14, 2009 at 12:33 p.m.
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Mikki: Read the history on Dane County's 911 Center. Changes were recommended years ago, money was raised, and the changes NEVER took place. What is the next step?

Mikki
Jan 14, 2009 at 12:23 p.m.
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JoeFlint and RetiredAirForce, you are both on the money.
There is one person responsible for the murder, and that is the killer. That's it, end of story.
911 is there to help.
If people really want to see changes, instead of asking for tons of cash (what these lawsuits seem to boil down to) then they demand changes to be made.

SarahB
Jan 14, 2009 at noon
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I usually don't back lawsuits such as this, but in this case I absolutely support those filing this suit. Besides the inaction on the victim's call for help, county administration errored in reporting about another call that immediately followed and sent the Madison Police on a "wrong suspect goose chase" for two weeks before admitting the mistake. This most likely greatly impeded the police in their search for Zimmerman's killer. Also, the issue of Dane County's 911 Center and Kathleen Falk goes far beyond what this article is able to cover. Consultants recommended years ago that the 911 Center immediately be better equiped and staffed and funding was given for such. However, it appears that the funding was allocated to other areas. For more information, review the Wisconsin State Journal and Capital Times archives.

IceMistral
Jan 14, 2009 at 11:44 a.m.
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Well said, joeflint. I feel awful about the issue as well, but I also think that a hefty settlement won't serve any purpose but constricting the budget for the 911 service that can and does save lives. The family and fiance have lived through a horrible tragedy. The 911 operator has to live the shattering outcome of a moment's choice. The whole situation twists your heart, but I fail to see how an abundance of money, through settlement or long court battle, would do anything to ameliorate what the murderer is to blame for.

rlms
Jan 14, 2009 at 11:06 a.m.
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I am sorry but when you are in that position, as a dispatcher , firefighter, e.m.s. , police officer you have to held responsible and accountable. THEY the 911 center admitted mistakes were made. Unfortunately government seldom changes unless they pay. Because they think they answer to no one. Good for them.

joeflint
Jan 14, 2009 at 10:46 a.m.
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This is pretty rediculous; I feel devastated about this crime but there is only one person on this earth who is responsible and money will not bring back this young lady.
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Before 1968, 911 did not even exist as such; we have grown accustomed to the expectation that everything (including police, fire, and ambulance response) is instant.
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If the call center is understaffed or undertrained than it is the fault of us, the taxpayers, for refusing to properly fund the level of service that we ultimately expect in a time of distress.
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If we had beat cops walking the streets instead of cruising around in patrol cars, maybe one would have spotted the murderer getting into her apartment. There is no end to this blame game once the focus is taken squarely off the murderer.

RetiredAirForce
Jan 14, 2009 at 10:42 a.m.
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How about fighting to ensure a travesty like this is less likely to repeat in the future. Fight to improve the emergency response system (if this is what you believe needs fixing). Filing a lawsuit against your own local government will cost your neighbors higher taxes, perhaps less services (reduced budget), and long term higher insurance rates for the local government because of the cost. It also does nothing to solve the problem nor does it punish those you feel are at fault. The bottom line here is someone killed a person; the fault (bad judgment) is on the offender period. Looking for scapegoats to assess blame is futile. On the other hand reviewing the circumstances surrounding the incident to learn from can be helpful. Could things have been done different, yes, as is the case in every tragic event.

marymac4
Jan 14, 2009 at 10:42 a.m.
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WHAT ABOUT THE MAN IN THE PARK IN MADISON BEAT TO DEATH AND the dispatch again failed to respond until it was to late several calls on that incident and it was 2 weeks after the death of Brittany. Yes they need to be held accountable every single person that failed these people!!!!!!!!!!! IMO

rep_of_1
Jan 14, 2009 at 10:33 a.m.
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Accountability. If any thing I hope the 911 center learns a hard lesson here. 911 centers are responsible for their actions when they cover it up and lie shame on them. As far as the fiance suing I don't blame him. He had loss of a loved one.

curtaincall
Jan 14, 2009 at 10:16 a.m.
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Thank you rock star.

rockstars
Jan 14, 2009 at 10:08 a.m.
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I think that people shouldn't blame the family and fiance for this lawsuit. This young woman could be ALIVE today if the dispatcher would have done her job and subsequently had the 911 center been adequately staffed! That poor family has to deal with this unsolved murder because of someone else's poor judgement and handling. I'm fully on the family's (fiance included) side on this one.

curtaincall
Jan 14, 2009 at 9:05 a.m.
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Don't blame them at all. It's about time they be held accountable for the tragedy they were a part of. Hopefully long over due changes will be made because of it.

LETS not forget this is not the first 911 call they screwed up this year. Several weeks after Brittany's death someone else died in a park because 911 dispatch dropped the ball and did not send out officer's when it was called in.

Time for a over haul.

Mikki
Jan 14, 2009 at 9:01 a.m.
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Parents, fiancee, anyone else want to get in on the lawsuit? Friends? Relatives? Cousins?

mrsjoe
Jan 14, 2009 at 8:59 a.m.
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I feel for the family, I really do. However, she probably would have been killed anyway. The 911 center was probably improperly staffed and equipped, but to hold them liable for her murder? Not quite right.

whybesad
Jan 14, 2009 at 8:53 a.m.
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Good. They should hold Kathleen Falk accountable for this tragedy.

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