Court: Canton firefighter’s death will remain a suicide
A Summit County Common Pleas judge, in a ruling issued Tuesday, sided in favor of the
Johnson's family maintains her death was a tragic accident and last year filed a multi-count lawsuit that includes an effort to overturn the suicide ruling issued by Medical Examiner Dr.
Judge
Johnson, 43, died
Family members and those close to Johnson testified over three days in January they didn't believe she wanted to kill herself. Her sons testified she believed suicide was a mortal sin that would lead to eternal damnation.
"While the plaintiffs have produced extensive testimonial evidence as to
The judge pointed to testimony from witnesses about Johnson's actions that day on busy
Reaction
The court's ruling "defies logic" and the evidence presented during the January hearing, he said.
He and fellow attorney
Pierce said the family was in disbelief when told of the judge's ruling.
"There's no words to describe what they're feeling and what they're going through," she said.
The family is fighting to preserve their mother's reputation and her commitment to the community, she said.
Johnson, a
In addition to Johnson's reputation, there's a financial element at stake.
The lawsuit also seeks to force
Kohler could not be reached late Tuesday for comment. A call seeking comment was left with the
More on the ruling
Kohler testified at the hearing that she didn't have to be 100 percent to make a finding for suicide. She referenced a professional guide for death classification that recommends using 70 percent or greater certainty for making such rulings. At the hearing, Kohler stood by her ruling, contending it was based on a reasonable degree of medical certainty.
Jones' decision noted that Johnson was in the process of divorcing her husband of eight days and was having significant financial difficulties tied to her business. She left the truck, driven by her soon-to-be ex-husband, without the dissolution papers and without her cellphone, which she would have needed after asking her cousin to come pick her up.
Pierce and DuPlain said Johnson had a background in handling herself in traffic and stopping or crossing it on a regular basis.
"It's the sort of thing you learn to do," DuPlain said.
In the end, the judge wrote, she didn't necessarily have to agree with Kohler's ruling, only that it followed the law.
"One could surmise that this court disagrees with the controlling applicable law or the medical examiner's conclusion. That however, is irrelevant," the judge wrote.
"This court is prohibited from stepping into the shoes of the medical examiner, is constrained to follow the law and required to afford 'much weight' to the medical examiner's conclusion."
Reach Dave at 330-580-8317 or [email protected]
On Twitter: @dserenoREP
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