FAMILY OF SHOOTING VICTIM FILES SUIT AGAINST CITY OF PLANO

SureFire X300 Flashlight Mounted on Plano Police Department
Semi-Automatic Pistol Causes Accidental Firearm Discharge Killing Plano Man

DALLAS (December 14, 2010)—Miller Weisbrod, LLP, a Texas law firm that specializes in catastrophic injury litigation, filed a lawsuit today in state District Court in Collin County on behalf of the mother and the spouse of a Carrollton man who was accidentally shot and killed by a Plano Police Department officer.

Belinda Saldana, mother of the deceased, and Nancy Nava, spouse of the deceased, along with the minor child, Michael Anthony Alcala, Jr., are suing the City of Plano, charging the municipality as guilty of certain acts, each of which constitute negligence, and each of which were a proximate cause of Michael Anthony Alcala’s death.

On October 13, 2010, 25-year-old Michael Anthony Alcala was shot and killed by a City of Plano police sergeant, who has yet to be identified, in the parking lot of the Jack in the Box fast food restaurant located at the Northeast corner of the North Dallas Tollway and Frankford Road in the City of Dallas, Collin County, Texas.

The City of Plano officer has stated in a sworn affidavit to have had his firearm, a Springfield .40-caliber semi-automatic pistol, drawn on Mr. Alcala when the Plano officer attempted to illuminate a SureFire X300 flashlight mounted on the gun. The City of Plano officer has stated that when he attempted to illuminate the flashlight, he accidentally discharged the firearm, shooting and killing Mr. Alcala.

“Putting a flashlight on a gun where the switch to turn on the light is adjacent to the trigger is a very bad idea. It asks for an accident to happen just like it did in this case. More deaths will occur if something isn’t done,” said Les Weisbrod, Miller Weisbrod, LLP partner representing the deceased’s family.

The lawsuit charges the Defendant City of Plano officer that shot and killed Mr. Alcala is guilty of the following acts which constitute negligence and were the cause of Michael Alcala’s death and the family’s injuries and damages. The plaintiffs will show that at all times the officer was acting in the course and scope of the Plano Police Department and City of Plano.

The suit states that the City of Plano was negligent, and through its officer that shot and killed Michael Anthony Alcala, of:
(1) Failure to control a firearm;
(2) Discharging a firearm when he did not intend to;
(3) Discharging a firearm when he was illuminating a flashlight; and/or
(4) Other negligent actions and/or omissions.

The suit asks for an unspecified amount of actual damages plus court costs for the family’s pain and suffering and medical and burial expenses and for his son’s loss of love, companionship and society due to his father’s death.
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Available to the media:
- A copy of the file-stamped Alcala petition
- Affidavits from:
• the Dallas Police Department outlining the investigation of the shooting
• the Plano Police Department officer (unnamed) who shot Michael Alcala
• additional Plano Police Department officers who were on the scene during the shooting
- Spokespersons include Miller Weisbrod, LLP partner Les Weisbrod
- Family members:
• Belinda Saldana, mother of the deceased
• Nancy Nava, spouse of the deceased
- YouTube demo videos of the SureFire X300 flashlight
- Actual SureFire X300 flashlight and Springfield .40-caliber semi-automatic pistol

The Dallas law firm of Miller, Curtis & Weisbrod represents accident victims, their families and those who have suffered due to a catastrophic injury or wrongful death in Texas and around the country.

Our firm is a nationally recognized leader in personal injury trial law. Our team of capable personal injury and medical malpractice attorneys can offer you the sound legal guidance, caring support and dedicated representation you need if you are seeking maximum financial recovery after an accident, a doctor's mistake or the loss of a loved one.

Miller Weisbrod, LLP
11551 Forest Central Drive
Suite 300
Dallas, TX 75243

PRESS CONTACT:
Barbara Buzzell
The Buzzell Company
214-219-9191
bb@buzzellco.com

This release was published on openPR.