Family of Murder Victim Files Lawsuit Against Killer's Estate
JESUP, Iowa - The family of Lindsay Nichols is taking the estate of the doctor who killed her to court.
"This lawsuit seeks to bring justice and emotional closure for the Nichols family. This cowardly and selfish killing has forever effected the lives of those who loved Lindsay," said George LaMarca, the Des Moines attorney who is representing Nichols estate.
Authorities said Dr. Timothy Roses, a 44-year-old Texas radiologist who worked for a company that contracted with Covenant Medical Center, shot and killed Lindsay Nichols, 22, a graduate of Covenant's radiography program, on March 21. Roses then turned the gun on himself.
The petition --- which pits Thomas Nichols, Lindsay Nichols' father and the executor of her estate, against Cindy Roses, the widow and independent executor of Dr. Timothy Roses' estate --- was mailed to Buchanan County District Court on Monday, LaMarca said.
Lindsay Nichols, of Evansdale, had ended a relationship with Roses, who was married, and the shooting erupted outside of her new boyfriend's home in Jesup.
Because Roses then took his own life, there could be no criminal prosecution in the tragedy, but the family can seek justice through the civil courts, LaMarca said.
"Particularly in a case like this where there will be no criminal proceedings, the civil justice system is all family members and friends have to provide closure and justice," he said.
The lawsuit recounted how Roses had secretly followed Lindsay Nichols to her friend's Stevens Street home in Jesup on the evening of March 21 and how he pulled in behind her when she stopped in the driveway.
An argument followed, and Roses pulled out a 9mm handgun, shooting Lindsay Nichols in the chest and then turning the gun on himself. He died at the scene, and she was taken to Covenant Medical Center in Waterloo where she was later pronounced dead.
The lawsuit alleges assault and battery and is asking for damages to cover pain and suffering, funeral and burial expenses, charges for hospital treatment and the accumulated value of her estate had she lived out her life.
It also seeks loss of consortium damages for Thomas Nichols and Lindsay's mother, Teresa Nichols.