School officials have been cited in a wrongful death lawsuit for their negligence in allowing 9 year-old girl to get into a car with her intoxicated stepfather, who was not on the child's approved transportation list, and as a result, the little girl perished in an accident, as reported by The Tennessean.
The child's mother, C.M., is suing the Sumner County Board of Education, its physical education teacher at Benny Bills Elementary, L.A., and the drug free schools coordinator, P.C., as being partly responsible for actions that led to the death of her daughter.
A.T. was picked up from an after-school program by her stepfather, D.M., on March 8. Authorities stated that D.M. had been drinking all day before he crashed his 1984 Chevy pickup into a tree on Whitson Road.
After the crash D.M. fled the scene on foot, leaving his stepdaughter in the vehicle. A Tennessee Highway Patrol officer said that the child was trapped in the car and gravely hurt, before succumbing to her injuries at the Sumner Regional Medical Center.
On September 8 D.M. pleaded guilty to aggravated vehicular homicide, leaving the scene of an accident involving a death, and driving on a revoked license - and sentenced to 22 years in jail.
Three months later, on December 9, C.M. filed the civil lawsuit in the Sumner County Circuit Court. The suit alleges that officials from Benny Bills were negligent in their care of A.T. for two reasons: The school allowed the child to leave with a visibly intoxicated stepparent and the parent was not on their approved transportation list.
Program leader J.H. smelled alcohol on D.M.'s breath when he came for A.T. But, J.H. failed to notify the child's mother before relinquishing A.T, into D.M.'s care. J.H. did, however, notify the police. The suit states "...that this act was a substantial factor in the minor child's death."
Unity's policy states that they are only to relinquish a child to someone on the approved list. Additional to that are policies regarding parents that exhibit either intoxication or erratic behavior. If either of these situations is illustrated, school employees are to call another adult from the approved list to come for the child. The policy then states, "Should the adult take the child in the car anyway, we are required to contact the police or child protective services and report the incident."
Goodlettsville-based attorney, Tim Bowden, is representing C.M. Bowden said, "This is as much a senseless and tragic death as I've ever handled" and, in regard to his client's struggle, added, "She feels this could have been prevented. Their duty is to protect the child and the mother believes the teachers had a duty to say 'no' to the stepfather. She wants to make sure this doesn't happen to someone else's child whether that means additional training for (school personnel) or changes in policy."
As far as the award sought, the suit asks for "just, fair, and equitable amount in compensatory damages."
Contact a personal injury lawyer if you think you are dealing with a wrongful death scenario of a loved one. Monetary compensation for your loss is often awarded in such cases.