A settlement has been reached between a Rochester woman and the state of Minnesota over a lawsuit she filed in connection with the death of her son.  The wrongful death lawsuit was filed by Rhonda Payton, who is acting as the trustee for her son’s children.

Kim David/Townsquare Media
Kim David/Townsquare Media
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Her 32 year old son Joseph Payton had just started serving a 46 month prison sentence for an Olmsted County DUI conviction last year when he died at the state prison in St. Cloud.  He had apparently suffered an asthma attack.  Payton’s mother accused the prison staff of medical neglect by denying him proper care.

The state recently agreed to settle the lawsuit without admitting any wrongdoing.  It calls for a payment of $230,000.  A third will go to the law firm that represented Payton.  She will receive $37,000 and each of her son’s four children will receive $25,000.

A court hearing of September 16th has been scheduled to approve the settlement.

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