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Published May 27, 2009, 09:09 AM

Madison judge will decide wrongful death suit in Zimmermann case

Wisconsin News
A judge in Madison plans to decide by next Friday whether to proceed with a wrongful death suit in last year’s slaying of University of Wisconsin student Brittany Zimmermann.

A judge in Madison plans to decide by next Friday whether to proceed with a wrongful death suit in last year’s slaying of University of Wisconsin student Brittany Zimmermann.

Her relatives and fiancé said authorities were negligent in responding to Zimmermann’s apparent call for help just before she was killed last April in her Madison apartment.

Dane County Executive Kathleen Falk was sued along with the county and former 911 dispatcher Rita Gahagan, who mishandled Zimmermann’s call.

At a court hearing Tuesday, Falk’s attorney Claude Covelli said the executive acted reasonably. And there’s no legal requirement that Falk had to act on a consultant’s report from 2004, which warned of a catastrophic event at the 911 center if it didn’t get more equipment and staffing.

The attorney for the county and Gahagan denied negligence.

But the lawyer for Zimmermann’s fiancé said the buck has to stop somewhere.

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