Murfreesboro Post
MURFREESBORO WEATHER

County asks for dismissal of Lakeisha White lawsuit




Rutherford County government asked to dismiss a wrongful death lawsuit filed in behalf of survivors of a girl killed when struck by a sheriff’s vehicle. Lakeisha White, 11, of Hopkinsville, Ky., died July 17 after being struck by a sheriff’s vehicle driven on Bradyville Pike by on-duty Detective Sgt. Ron Killings. Lakeisha was staying with relatives during the summer vacation when she died. Also, the investigation of the crash remains in the hands of attorney Joe Baugh of Franklin, who was appointed to handle the case. Baugh is still reviewing the investigation conducted by Murfreesboro Police. Lakeisha’s mother, Montessa Gomez, seeks $5 million in damages for wrongful death and loss of her daughter, the lawsuit stated. Her six minor siblings Montavious White, George Gomez, La Mon Thornton, Ebonie Gomez, Courtney Gomez and Brooklyn Thornton seek $250,000 apiece. Her grandmother and her cousins, Rayneshia Coleman, Terry Coleman and Moniaveshia Collier, all seek $250,000 apiece for suffering from observing the crash or being within the “zone of danger,” the lawsuit stated. After filing the lawsuit in August, attorney Robert Whitaker, who represents the family, asked to dismiss Killings and the sheriff’s office from the lawsuit because they fall under the responsibility of Rutherford County. Chancellor Robert Corlew signed the order Sept. 2. Attorney Darrell Scarlett, who represents Rutherford County, asked the lawsuit be dismissed and denied the allegations against the county. Lakeisha’s family accused Killings of being negligent, causing her death. The lawsuit cited the following reasons: • Failing to keep the vehicle under due and reasonable control. • Driving at an excessive speed over the posted speed limit. • Driving in a reckless manner without regard for the safety of the public. The lawsuit stated Killings violated the state laws of speeding and reckless driving. In his answer, Scarlett denied the allegations and demanded proof. As part of the county’s defense, Scarlett stated the survivors are not entitled to damages under Tennessee’s Governmental Tort Liability Act. Lakeisha’s family is at fault for the facts and circumstances and should be compared with the fault of the county, if any, Scarlett wrote in his answer. The type and amount of damages sought by Lakeisha’s family is not recoverable under Tennessee law, the county’s attorney stated. “The complaint fails to state a claim for which relief may be granted,” Scarlett stated. A court date is pending in Circuit Court.

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