- A Wake County Superior Court judge has rejected Raleigh’s motion to dismiss a lawsuit from the family of an 11-year-old girl killed during the city’s 2022 Christmas parade.
- Judge Bryan Collins determined that Raleigh could not rely on governmental immunity to avoid liability.
- Evidence “establishes a direct causal connection between the absence of adequate event safety measures and the collision that resulted in Hailey Brooks’ death,” Collins wrote.
A Wake County Superior Court judge has rejected Raleigh’s motion to dismiss a lawsuit from the family of an 11-year-old girl killed during the city’s 2022 Christmas parade. The judge determined that Raleigh could not rely on governmental immunity to avoid liability.
The driver who hit and killed Hailey Brooks was sentenced last November to 262 days behind bars in connection with her death. Landen Glass lost control of a truck that was pulling a float in the parade.
“[T]he Court concludes that Plaintiffs First Amended Complaint alleges facts which, taken as true and construed liberally in Plaintiffs favor, are sufficient to state claims for relief against the City,” Judge Bryan Collins wrote in an order filed Wednesday. “The Court further concludes that, at the Rule 12(b)(6) stage, dismissal is not warranted on the basis of the public duty doctrine. Accordingly, Defendant City of Raleigh’s motion to dismiss pursuant to Rule 12(b)(6) is DENIED.”…