With all of the new zombie apocalypse shows on television today, it seems only fair that the law get involved in all the fun with a Crazy Lawsuit. In 1986, Donald Miller, a resident of Ohio, disappeared without a trace. There were no signs of foul-play, but after eight years officials came to the conclusion that the drunkard must have wandered off and died. That being said, in 1994 Donald was declared dead and his children began receiving death benefits.
Imagine the shock (and the fun conversation) with his family, when, in 2005, Donald showed up on his parents doorstep. After some convincing, finally, Donald presented to court where he had to prove the obvious to Judge Allan Davis: he was alive! Unfortunately, this task is harder than it looks.
"We've got the obvious here. A man sitting in the courtroom; he appears to be in good health," Judge Davis said, but stated that the law is clear: Declarations of death can only be rescinded within three years.
Whether he is a zombie, a ghost, a ghoul, or just a prankster, Donald Miller is now legally dead and there is nothing that can be done to resuscitate him. One silver lining: since he is legally dead, his kids won't need to repay his death benefits! At Magnuson Lowell, we've helped many deal with their own version of the Crazy Lawsuit. Feel free to contact our local offices to set up a free telephone consultation with one of our experienced attorneys.