January 22, 2020. Today Judge Robert Ruehlman denied the motion to dismiss the Plush family’s lawsuit against the City of Cincinnati and the two 9-1-1 call takers and police officers who recklessly failed to rescue Kyle after he called 9-1-1 for help.
“We are very pleased that Judge Ruehlman has denied the motion to dismiss. Through their Answer the Call Foundation, the Plush family continues to be a very positive force for 9-1-1 upgrades and reform across the country. But no local reform can be complete unless we know the full extent of the problems that led to Kyle’s death. This decision will lead to a full trial and help everyone understand all the facts that led to Kyle’s death. That is important for the family and the community,” said Al Gerhardstein, attorney for Kyle Plush’s family.
The City of Cincinnati has vowed to appeal. “If the City chooses to fight the Plush family’s efforts to expose the failures of the City’s 9-1-1 system and further delay a jury trial, we will ask the court of appeals to expedite the appeal,” said Jennifer Branch, attorney for Kyle Plush’s family.