Family Files Wrongful Death Lawsuit Against Tow Truck Driver After He Intervened in Traffic Stop

The family of an Atlanta church deacon has filed a wrongful death lawsuit against a tow truck driver after they say that the tow truck driver sat on the deacon’s head and neck during a confrontation with police. The lawsuit says that the officer’s body camera video shows the tow truck driver straddling the deacon during an incident with police. It appears in the video that the tow truck driver has his full body weight on the deacon’s head and neck.

The incident occurred after a car crash involving two vehicles. An officer responded to the scene and quickly decided that the deacon was responsible for the accident. The deacon insisted he did nothing wrong, but the officer ordered him to sign a traffic ticket. A tussle broke out between the deacon and the officer. The deacon ended up on the ground, continuing to insist he had done nothing wrong. The officer yelled at him to sign the ticket. Ten seconds later, the tow truck driver arrived on the scene and came to the officer’s aid.

According to the lawsuit, the tow truck driver joined the officer on top of the deacon and forcefully grabbed his left arm. The officer did not appear to ask for the tow truck driver’s assistance.

According to the lawsuit, the tow truck driver “straddled the citizen’s head and neck, appeared to sit with his full body weight on the citizen’s head and neck.” The straddling allegedly occurred for at least 20 seconds while the officer placed handcuffs on the deacon.

The tow truck driver and the company he works for are named in the lawsuit 

The wrongful death lawsuit filed by the family alleges that the tow truck driver was negligent and reckless in causing serious physical injuries and death to the decedent. The family is demanding a jury trial and is asking for an unspecified amount of damages from the tow truck driver’s employer.

Under Georgia law, a company can be held vicariously liable for the conduct of its employees. Under the law, the company acts as one agent through its employees. In other words, the family can sue the tow truck company for the assault that led to the deacon’s death.

The officer who responded to the traffic accident was later fired after the Atlanta police chief said the officer violated department policy when he didn’t wait for a supervisor to arrive to arrest the deacon. The officer claims he did nothing wrong and is appealing the dismissal.

The deacon’s family has called for both the officer and the tow truck driver to be arrested and charged with his death. That has yet to happen. The DA may still elect to pursue charges against either man.

Talk to an Atlanta, GA Wrongful Death Attorney Today 

The Atlanta personal injury attorneys at The Forsythe Law Firm, LLC represent the interests of grieving families in wrongful death lawsuits filed against negligent defendants. Call our office today to schedule a free consultation, and we can begin preparing your case immediately.

Source:

usnews.com/news/us/articles/2023-12-05/family-of-man-who-died-after-struggle-with-officer-sues-tow-truck-driver-they-say-sat-on-his-head