Family plans to sue in parachutist’s death [The Janesville Gazette, Wis.]

May 25--MADISON -- The family of a Janesville man who died while skydiving in 2008 is suing his insurance company for $400,000.

William O. Doherty, 53, died Sept. 20, 2008, in East Troy. Doherty was skydiving with the Sky Knights Sport Parachute Club, which is adjacent to the East Troy Municipal Airport in far northeastern Walworth County.

Doherty died in a residential neighborhood about a mile west of the airport, Walworth County Coroner John Griebel said at the time.

According to the complaint filed April 12 in federal court in Madison, Doherty was an experienced parachutist who has logged more than 7,000 successful jumps in his career. He was a skydiver for more than 30 years and had attained "pro status," according to the obituary Doherty's family ran in The Gazette.

Doherty was the founder of Seamless Gutters of Janesville. He graduated from Middleton High School in 1973.

On the day he died, Doherty jumped from an airplane to take pictures of other parachutists, according to the complaint. Within moments of leaving the airplane, Doherty lost consciousness and descended in a freefall motion with his arms and legs trailing upward, according to the complaint.

Doherty did not deploy his parachute although the parachute was in working order, according to the complaint.

Griebel in November 2008 pronounced Doherty's death an accident. Doherty had not used drugs or alcohol prior to the jump, according to toxicology reports, and medical tests did not reveal the exact cause of death, Griebel said.

An autopsy could not be conducted on Doherty's head or brain because of the violence of the landing, according to the complaint filed in federal court.

"There is no medical proof possible as to the cause of death," the complaint states.

State Farm Life and Accident Insurance of Bloomington, Ill., denied Doherty's daughters' claim to his life insurance policy, according to the complaint. The policy did not cover death resulting from "descent from an aircraft while in flight," according to the complaint.

Doherty's family members argue the descent was not the cause of death and that the insurance company bears the burden of proving it was.

Doherty had two insurance policies with for a total of $400,000. His daughters are demanding the $400,000, plus interest, according to the complaint.

___

(c)2012 The Janesville Gazette (Janesville, Wis.)

Visit The Janesville Gazette (Janesville, Wis.) at www.gazetteextra.com

Distributed by MCT Information Services