Fourth lawsuit filed against FC and FCSD due to six drowning deaths on March 20, 2020

By John Estridge

A fourth lawsuit has been added against Franklin County and the Franklin County Sheriff’s Department over the six drowning deaths that occurred March 20, 2020 after an approach to a bridge failed, and allegedly dispatchers failed to respond to warnings of the approach failure.

Lisa Hudson, as personal representative for the estate of Burton Spurlock Jr., filed the fourth lawsuit. She is represented by Wagner Reese LLP, the same Carmel law firm, which is representing Joshua Mosier. He is suing on the behalf of his two children who were also drowning victims. Spurlock was one of three adults who perished at the site. Spurlock was in a pickup with Shawn Roberts, who was driving. At around 5 a.m., the pickup truck carrying the two men was driving east on Sanes Creek Road and came upon the washout. Being dark and without warnings, the pickup was swept away. About 2.5 inches of rain had fallen in the past 48 hours prior to the failure and subsequent drownings.

The six people killed that morning were: Felina Lewis, 35, and her three children, 4-year-old KyLee Mosier, 7-year-old Elysium Lewis and 13-year-old Ethan Williams; and Shawn Roberts, 47, and Burton Spurlock, 48,

Like the other lawsuits filed against the county and the sheriff’s department, the plaintiffs are alleging three 911 calls were made to the Franklin County Communications Center at the Franklin County Security Center prior to the deaths. All three calls, according to the plaintiffs, warned there was a washout and/or severe flooding in and around the bridge.

According to the lawsuits, the two dispatchers on duty at the time failed to notify anyone in authority regarding the warnings. The only thing the two dispatchers did was make one of the calls an Information Call, which meant no responders, which includes sheriff’s deputies and the county’s highway department had to be notified.

Plaintiffs also allege the two dispatchers who were on duty at the time were posting to social median during the time in question. One of the two dispatchers was being trained and the other was the trainee.

According to media accounts, one of the two dispatchers was later terminated while the other remains an employee of the county.

A June 10 hearing is going to be held in the Franklin Circuit Court Courtroom regarding the consolidation of all the lawsuits. The consolidation motion was written by Wager Reese LLP.

All of the plaintiffs are seeking “judgment against all defendants in an amount commensurate with the injuries and damages, for the costs of this action, and for all other relief just and proper in the premises.”