John O’Keefe’s household recordsdata wrongful loss of life lawsuit in opposition to Karen Learn, two Canton bars

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

O’Keefe’s brother Paul and his household on Monday filed the lawsuit in opposition to 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 loss of life swimsuit comes only a few days after a Norfolk County decide denied Learn’s attorneys’ bid to toss the costs of second-degree homicide and leaving the scene of an accident ensuing within the loss of life 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 ready for January.

Within the swimsuit filed on Monday, the O’Keefe household repeats what the Norfolk County DA’s Workplace had said in court docket through the trial — that his relationship with Learn had been deteriorating earlier than his loss of life.

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

“After JJ (O’Keefe) got out of defendant Read’s vehicle in front of 34 Fairview Rd. on January 29, 2022, Read drove her SUV and hit JJ,” the lawsuit states. “At all relevant times on January 29, 2022, defendant Read drove her SUV in a state of intoxication.

“As a result of Read’s SUV hitting JJ on January 29, 2022, JJ was knocked down onto the ground in front of 34 Fairview Rd., suffered serious injury and died,” the lawsuit continues.

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

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

“As a direct and/or proximate cause of Read’s drunk driving, JJ sustained serious injuries of body and mind, conscious pain and suffering, fear of impending death, lost earnings, medical, funeral and burial expenses, 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 deliberately changed her story and fabricated a conspiracy knowing the same to be false,” the lawsuit reads. “She publicly communicated this false narrative thereby frustrating Justice for JJ.

“Such false narrative caused the Plaintiffs aggravated emotional distress,” the swimsuit states. “The Plaintiffs listed above bring this Complaint seeking full and complete JUSTICE FOR JJ.”