John O’Keefe’s household information wrongful dying lawsuit towards Karen Learn, two Canton bars

Whereas Karen Learn’s homicide trial resulted in a mistrial earlier this yr, the household of John O’Keefe is shifting forward with a wrongful dying swimsuit towards the late Boston cop’s girlfriend and two Canton bars.

O’Keefe’s brother Paul and his household on Monday filed the lawsuit towards Learn and the bars — Waterfall Bar & Grill and C.F. McCarthy’s.

The O’Keefe household claims that Learn slammed into O’Keefe in entrance of 34 Fairview Street in Canton after an evening out of heavy ingesting, leaving the Boston police officer to die in a blizzard.

The wrongful dying swimsuit comes only a few days after a Norfolk County choose denied Learn’s attorneys’ bid to toss the fees of second-degree homicide and leaving the scene of an accident ensuing within the dying of O’Keefe. Norfolk Superior Court docket Choose Beverly Cannone had beforehand declared a mistrial on July 1 after 9 weeks of testimony and 5 days of deliberation. The second trial is about for January.

Within the swimsuit filed on Monday, the O’Keefe household repeats what the Norfolk County DA’s Workplace had acknowledged in courtroom in the course of the trial — that his relationship with Learn had been deteriorating earlier than his dying.

Then after an evening of a number of drinks on the Canton bars, Learn drove him to 34 Fairview Street.

“After JJ (O’Keefe) obtained out of defendant Learn’s automobile in entrance of 34 Fairview Rd. on January 29, 2022, Learn drove her SUV and hit JJ,” the lawsuit states. “In any respect related occasions on January 29, 2022, defendant Learn drove her SUV in a state of intoxication.

“Because of Learn’s SUV hitting JJ on January 29, 2022, JJ was knocked down onto the floor in entrance of 34 Fairview Rd., suffered critical harm and died,” the lawsuit continues.

A serum conversion and retrograde extrapolation was executed of Learn’s blood, with the outcomes displaying her BAC would have been between .13% and .29% across the time she drove, in response to the swimsuit.

That estimated BAC exceeds the authorized restrict to drive a motorcar in Massachusetts.

“As a direct and/or proximate reason for Learn’s drunk driving, JJ sustained critical accidents of physique and thoughts, acutely aware ache and struggling, worry of impending dying, misplaced earnings, medical, funeral and burial bills, and died,” the lawsuit states.

In the meantime, Learn’s attorneys have argued that she was framed for the homicide by these within the Canton home that night time.

“She knowingly and intentionally modified her story and fabricated a conspiracy understanding the identical to be false,” the lawsuit reads. “She publicly communicated this false narrative thereby irritating Justice for JJ.

“Such false narrative precipitated the Plaintiffs aggravated emotional misery,” the swimsuit states. “The Plaintiffs listed above deliver this Grievance looking for full and full JUSTICE FOR JJ.”