Defendants in fatal crash want lawsuit dropped - WAFF-TV: News, Weather and Sports for Huntsville, AL

Defendants in fatal crash want lawsuit dropped

By Elizabeth Gentle - bio | email
Posted by Dana Franks - email

HUNTSVILLE, AL (WAFF) - The parties named in a civil lawsuit filed after a high-speed chase that ended in a deadly wreck on Redstone Arsenal are asking for the case to be dismissed.

Motions were filed this week in Madison County Circuit Court. The agencies and individuals involved in the lawsuit have filed motions to dismiss, saying the plaintiff's complaint is deficient and inadequate.

One year after her husband's death, Kelly Spurlock filed the civil suit in Madison County Circuit Court. Spurlock's husband Darren was a NASA Engineer and father of two who died when his vehicle was hit during a chase that started in Huntsville and ended on Redstone Arsenal.

The suit names the municipal governments of City of Madison, the City of Huntsville, the City of Decatur, Madison County and Morgan County, along with 3 individuals.

This week, defendants' attorneys said in their filed motions to dismiss that officers were acting in their official and individual capacities as employees.

The chase started off of the Arsenal when STAC agents pursued Valorie Cox and her passenger. That chase traveled down Memorial Parkway. Cox hit one car there, then blew through a gate at Redstone Arsenal.

The car was six miles onto the base before hitting Spurlock's car.

Kelly Spurlock's attorney claims officers, "breached their duties as law enforcement personnel."

But attorneys representing the various municipalities argue the complaint mirrors the practice which courts have termed "shotgun" pleading" and is simply too vague and does not provide sufficient information as to the alleged wrongdoing for which defendants could possibly be responsible.

There's no word on when or if the lawsuit against the municipalities will be dismissed.

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