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$700K Settlement in Wrongful Death Lawsuit Filed Over Military Cadet’s Death

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A $700,000 settlement has been reached in a wrongful death
lawsuit filed in New York by the family of a 17 year-old Massanutten Military
Academy cadet.

Accoridng to Shanandoah County Circuit Court documents, the
lawsuit was filed by the parents of Noel Patrick “Sandy” Bailey. Bailey, a
cadet at Massanutten Military Academy, died after jumping or falling from the
third-floor widnow of his dorm room on April 20, 2007. He had just been told he
was being expelled from the school for fighting, weeks before graduation.

Bailey’s parents, Steve W. Bailey and Chanel Noel, filed a
$25.35 million lawsuit against the military academy, the alumni association,
the academy foundation, the school’s board of directors, and several employees.
Most of the defendants were dismissed from the lawsuit, leaving commandant
Major Stephen N. Mayer and cadet development officer Sergeant Major Wayne D.
Sharp.

According to the lawsuit, Bailey’s parents, who live in
California, asked that their son not be told he was being expelled from the
school until family friends arrived to pick him up. Mayer said he’d wait until
after classes were over at 5:00 p.m. before telling Bailey. The lawsuit says
Mayer “assured Mr. Bailey that he ‘should not worry’ about his son, that the
Academy was very experienced in handling such dismissal situations.”

The lawsuit says Sharp locked Bailey in his dorm room while
he went to find other cadets to help him pack, according to the lawsuit. Bailey
banged on the door and yelled, before he “jumped, slipped, or fell from the third-floor
window,” in an escape attempt, the lawsuit says.

Of the $700,000 settlement, attorneys will receive $280,000,
with another $42,773 going to litigation expenses, according to court records.
Bailey’s parents will each receive $163,613, and his adult sister will get
$50,000.

If you need assistance with a wrongful death lawsuit, please
contact the Madison wrongful death attorneys of Habush Habush & Rottier, S.C.
®, by calling 800-242-2874.