ADRIAN — Wrongful death lawsuit filed by attorney Todd Flood remains active in civil court as the criminal trial against Dale Warner continues in Lenawee County.
Flood explained that his legal team first filed a declaration of death case in probate court to establish that Dee Warner was legally deceased. He said that ruling became part of the foundation that moved the case forward before prosecutors filed criminal charges. Once the criminal case began, the civil proceeding was stayed by the judge.
Under Michigan’s wrongful death statute, Flood said his team must prove that Dale Warner caused Dee Warner’s death. He noted that civil cases require proof of liability, injury and collectibility. If a criminal conviction occurs, Flood said the civil case would largely focus on damages and recovery of assets for the children.
Flood also outlined what he believes is the likely defense strategy in the criminal case, saying the remaining argument would center on mistaken identity, given the prosecution’s circumstantial evidence.
He emphasized that the family’s primary need is closure.
That was attorney Todd Flood.
The full interview is available below: