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Family Sues Denver, Alleges Negligence In Daughter's Death

Emily Rice Dies In Jail From Car Crash Injuries

POSTED: 6:06 pm MDT June 25, 2007
UPDATED: 11:49 am MDT June 26, 2007

The last 16 months have been a nightmare for Roy Rice and his family.

His daughter Emily died Feb. 19, 2006 in the Denver jail. She was in a car crash the day before. Records show she had a blood alcohol content of 0.121. But she didn't die from alcohol poisoning. Family members said she died of blunt force injuries caused by the crash.

"She had a gaping gash in her liver," said family attorney Darold Killmer, "and a lacerated spleen."

The Rice family filed suit against the City of Denver and Denver Health Medical Center Monday morning, alleging negligence on the part of doctors, nurses and jail guards.

The lawsuit claims that Emily was taken to Denver Health shortly after the accident, but instead of being diagnosed with a lacerated liver, she was diagnosed with a shoulder contusion, given ibuprofen and then sent to jail.

"When she was discharged from the hospital, no vital signs were taken," Killmer said.

"This is a travesty," Roy Rice said, "it shouldn't happen to anybody."

Rice and his attorney released video that shows his daughter being booked into the jail. At one point, she collapsed onto the floor.

"They told her to sleep it off... that she was still drunk ... (that) this is a bunch of nonsense," Rice said.

"Despite the fact that she was in excruciating pain and calling out for medical assistance, for the next 20 hours, no medical assistance was provided," Killmer said.

The same jail video shows Emily being wheeled out the following day.

"People should not die when they're sent to the jail in Denver, Colorado," Killmer said.

"Twenty-four hours of bleeding to death. That's a terrible, terrible way to go," Rice said. "Cold, stinking jail cell, no one listening to you."

Rice wants heads to roll.

"Nobody has been disciplined. Nobody's been fired. Nobody is in the same cell that my daughter died in. That's where some of these people belong," Rice said.

Denver Health said it can't comment on pending litigation. In a statement sent to 7NEWS Denver Health said it "regrets the loss of any life, and wishes to express deep and heartfelt sympathy to the family and friends of Emily."

The statement also said, "It is disheartening that this has advanced to the courtroom."

A spokeswoman in the mayor's office, Marlena Fernández Berkowitz said, "We sympathize with the family over their loss."

Rice said the lawsuit isn't about money. "It's about getting answers and making sure this never happens again." He said the jury can determine the damages.

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