By John Estridge and information from media reports
There will be a hearing in Franklin Circuit Court at 1 p.m., Thursday, June 10, for the purpose of consolidating the different lawsuits pending against Franklin County governmental entities regarding the six deaths, three adults and three children, from drowning in the early morning hours of March 20, 2020.
According to casetext.com, a Consolidation Hearing is: “a common question of law or fact are pending in different courts, a party to any of the actions may, by motion, request consolidation of those actions for the purpose of discovery and any pre-trial proceedings.
Joshua Mosier’s attorney, Timothy Francis Devereux of Wagner Reese LLP of Carmel, filed the Motion for Consolidation.
Mosier is father of two of the three children who perished.
This is one of several cases filed against the Franklin County Sheriff’s Department and the Franklin County Commissioners regarding the six deaths.
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; all perished when two vehicles were swept into Saines Creek after the approach to the bridge was washed out due to flooding.
Since the deaths, several lawsuits have been filed on behalf of the victims. Plaintiffs allege the dispatch employees in the Franklin County Communications Center learned of the dangerous nature of the situation as early as 3:37 a.m., but did little to nothing about it prior to the six people were swept away, after driving into the situation while it was still dark.
Plaintiff attorneys allege three 911 calls were made concerning the dangerous situation at the bridge including the 3:17 a.m., call before the deaths occurred between 5 and 6 a.m. The county had received about 2.5 inches of rain prior to the drowning deaths.
Plaintiffs allege the two dispatchers on duty at the time of the 911 calls and the drowning merely made mention of one call, putting it in the information file, which means the dispatchers did not have to notify any officials of the situation.
A May 20 Channel 6 follow up report stated two Franklin County Highway Department employees, including one district supervisor, live within five minutes of the bridge and could have been there in minutes had they been notified. Attorneys allege the highway department employees could have erected or devised some sort of warnings to approaching motorists, had they been on the scene prior to the drowning deaths.
Also, a Channel 6 report alleges the two dispatchers in question were on their cell phones possibly posting on social media during the time in question.
One dispatcher was being trained by the other dispatcher that morning. The one supervising the trainee was later fired, but the one who was in training remains employed by the county, according to media reports.
The county has denied the multiple 911 calls were made specifically telling the dispatchers of the situation and also claims the county entities are immune in this case, according to a Channel 6 report.
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