Thom, Majlinda Preka, Personal Rep., et al. v Remington, Nicholas Maxmillian, et al.

Case Background

On March 17, 2020, Majlinda Preka Thom, and James Thom filed a wrongful death lawsuit for the death of their son Denis Preka in the Circuit Court for Wayne County, Michigan. They alleged that their son died due to an overdose after his friends gave him MDMA as a prank. Judge Susan J. Hubbard presided over this case. [Case number: 20-004100-NO]

Cause

On March 18, 2019, Denis Preka, a 21-year-old college student at the University of Detroit Mercy, studied for an exam at the home of Paul Robert Wiedmaier. During this time, Preka reportedly asked Wiedmaier for Adderall or Ritalin to enhance his focus. However, Wiedmaier did not have either medication.

Later, two other students, Nicholas Maxmillian Remington, and Connor Raymond Gibaratz, arrived and allegedly offered Preka a substance they claimed was Adderall or Ritalin. Unbeknownst to Preka, this substance was actually MDMA, commonly known as ‘Molly.’ After he ingested the drug, Preka became incapacitated and unresponsive.

Despite his condition, Remington, Wiedmaier, and Gibaratz reportedly failed to call for medical help. Instead, they chose to videotape Preka as his health declined and posted it on Snapchat.  The videos posted on Snapchat clearly showed Denis in extreme distress and losing control of his faculties. The three co-conspirators not only humiliated him while he struggled to breathe, but they also assaulted him while he was unconscious by pouring an unknown substance on his face.

During the entire four-hour ordeal, none of them called 911 to assist Denis. Furthermore, when they realized he had died, they initiated a series of actions to cover up the crime. Their main goal was to protect Nicholas Remington, the person who supplied the drugs that caused Denis’s death.

Injury

Unfortunately, Preka died from an overdose in the early hours of March 19, 2019.  His cause of death was found to be severe edema and congestion of his brain and lungs due to drug intoxication. The toxicology results revealed high levels of MDMA and methylone in Denis’ system.

Damages

Preka’s family, acting as co-personal representatives of his estate, sought damages exceeding $100 million for each claim in this wrongful death lawsuit. They requested compensation for Preka’s pain and suffering, medical expenses, and loss of financial support. Additionally, they sought damages for the loss of society and companionship.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Majlinda Preka Thom and James Thom, as Co-Personal Representatives of the Estate of Denis Preka |
    • Counsel for Plaintiff(s): Michael J. Morse | Christopher D. Filiatraut | Eric M. Simpson
  • Defendant(s): Nicholas Maxmillian Remington | Paul Robert Wiedmaier | Connor Raymond Gibaratz
    • Counsel for Defendant(s): Joel B. Ashton | Andrew L. Stevens | Ben M. Gonek

Key Remarks by Counsel

Attorney Michael Morse of Mike Morse Law Firm, representative of Denis Preka’s estate, stated, “This verdict sends a powerful message about the importance of truth and accountability,” said Mike Morse of Mike Morse Law Firm. “Denis Preka’s life was tragically cut short due to the reckless actions of Nicholas Remington, and while no amount of money can bring Denis back, this verdict ensures that justice is served. We hope this case raises awareness about the dangers of drug misrepresentation and brings some measure of peace to his family.”

Claims

Preka’s family, serving as co-personal representatives of his estate, filed a wrongful death lawsuit against Remington, Wiedmaier, and Gibaratz. They claimed these individuals committed assault and battery by administering MDMA to Preka without his knowledge or consent. Additionally, they accused Remington, Wiedmaier, and Gibaratz of intentionally inflicting emotional distress, causing severe trauma through their actions and omissions.

The family also alleged negligence, citing the trio’s failure to seek medical assistance despite Preka’s incapacitated condition. Furthermore, Preka’s estate claimed fraud and silent fraud, asserting that Remington, Wiedmaier, and Gibaratz misrepresented the substance as Adderall or Ritalin while failing to disclose its true identity. The complaint alleged that the three conspired to deceive and harm Preka.

Defense

The defense denied liability and all allegations levied against them for Denis Preka’s death.

Jury Verdict

On August 8, 2024, Judge Susan J. Hubbard presided over a jury trial in Wayne County Circuit Court. The jury ruled in favor of Preka’s family, holding Remington accountable for his wrongful death. They determined that Remington supplied the MDMA that caused Preka’s demise and awarded $40 million in compensatory damages to Preka’s estate for pain and suffering. Additionally, Preka’s parents, Linda and Jamie Thom received $20 million for the loss of companionship. The jury ordered Remington to pay $15 million in exemplary damages due to his “willful and wanton” actions. Thus, a total of $75 million was awarded in damages.

Overall, they found Remington 80% liable for Preka’s death, while Wiedmaier, who was present during the incident, was found 20% liable. Wiedmaier had previously settled with Preka’s estate before the trial commenced. Consequently, Remington was responsible for $60 million in damages. Gibaratz was dismissed from the case after the court granted a motion for a directed verdict.

Court Documents:

Mike Morse Law Firm