$1.2m Awarded to Family After Death of Young Child

Thursday, October 8th, 2009

Road Traffic Accident

The family of a 2-year-old killed in a car crash caused by a sheriff’s deputy more than 2 years ago will receive $1.2m in compensation.

A jury recommended that the family be awarded $5.5 million following a week-long trial in March. However documents showed that the McDowell County Sheriff’s Office’s insurance company could pay no more than $1 million.

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In November 2007 David and Kimberley Frye filed a lawsuit against then-Sheriff Jackie Turner, former Deputy Brandon Watson and the Sheriff’s Office bonding company, Western Surety.

On 6th Feb 2007, Watson, a deputy working for Turner, was travelling at a speed of 120 mph on Interstate 40 en route to a domestic violence call without his blue lights and siren activated. It was then he slammed into Kimberley Frye’s 1995 Neon, knocking her into the other lane, where it was hit by a second vehicle, a Honda Accord driven by 19 year old Kayla Hall.

Seven-year-old Katherine Frye, who was the couple’s eldest daughter at the time and Kimberley’s mother in law, Ruth Ann Huskins, were seriously injured in the crash. Two-year-old Kennedy Frye was killed.

In August 2007 Watson pleaded no contest to the criminal charges of misdemeanour death by vehicle and reckless driving. He is no longer working in law enforcement and was given a probationary sentence.

Kimberley who suffered multiple fractures to her face and jaw, traumatic brain injury, multiple laceration and injuries to her thoracic spine, was awarded $477,225, while other compensation claims varied of those injured from $28,665 right up to $1.2m. In total 6 compensation payments were awarded for those injured.

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