Local News
Wrongful death suit filed against Hanceville
By Patrick McCrelessA local man recently filed a wrongful death suit against the city of Hanceville on behalf of his mother, who died in a wreck with a police patrol vehicle in February.
Cullman County Circuit Court records indicate Randy Carlton Butts Brown of Cullman filed the lawsuit against the city as well as Hanceville Police Officer Billy Roy Clemons and ALFA Insurance Company. Brown is listed in the lawsuit as the son and sole administrator of the estate of Annie Mae Butts.
According to Alabama State Trooper reports, Butts, 77 of Hanceville, died at the scene of a vehicle wreck with Clemons on Feb. 16 at the intersection of Alabama Highway 91 and Edmondson Road.
The lawsuit demands a trial by jury and that the defendants pay compensatory and punitive damages.
The city of Hanceville filed a motion to dismiss the case on June 1, however the motion was not granted and a hearing is scheduled for the case at 9 a.m. Aug. 5.
Trooper reports indicate that at the time of the crash, Clemons was responding to a call about a possible erratic driver. Clemons was traveling northbound on Highway 91 while Butts was stopped at the intersection on Edmondson Road. Reports add that Butts pulled out onto Highway 91, at which point Clemons collided with the passenger side of her vehicle.
“It’s a tragic situation,” said Hanceville Mayor Kenneth Nail. “But she’s (Butts) the one that pulled in front of us. She didn’t yield the right of way.”
Clemons, who sustained injuries in the wreck, is currently working full-time as a police officer, Nail said.
The lawsuit alleges that on the night in question, Clemons was not in direct pursuit of any known person nor was he responding to any accident or emergency. The suit further alleges that Clemons was traveling at an unnecessary high rate of speed without using emergency lights and was not adequately trained by the city to travel at such speeds.
“They’re always going to allege that,” Nail said about the alleged inadequate training. “He’s (Clemons) is a graduate from police academy. He’s had driving training there.”
As for the speeding, Nail said the trooper report estimated Clemons was traveling around 60 mph at the time of the wreck. The posted speed limit on Highway 91 is 45 mph.
“I don’t think that’s a negligent speed,” Nail said. “You can see a mile each way (on Highway 91). Even if he were doing 100 mph, I think you could see him coming.”
Nail noted that he wants the city to fight the lawsuit as opposed to settling and would like to see ALFA countersue.
“I have always recommended the insurance company countersue them ... we had a loss there too,” Nail said. “We had several $1,000s in medical bills and a loss of a car.”
Brown’s attorney could not be reached for comment by deadline of this article.
‰ Patrick McCreless can be reached by e-mail at patrickm@cullmantimes.com or by telephone at 734-2131 ext. 270.
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