County faces lawsuit over fatal wreck

Published 5:00 am Tuesday, July 3, 2001

Lincoln County supervisors have been notified of a forthcominglawsuit stemming from a May 1 law enforcement pursuit and accidentthat claimed the lives of two people and injured three others.

In a letter to supervisors, attorney Bobby Moak said he, J.C.Ainsworth and John Sutton have been retained to represent theinterests of Sue Murillo and Julie Sivils against the county forthe wrongful death of Toribio “Torry” Madrid Murillo Jr. andinjuries to Sivils.

They are seeking over $1 million in damages, the letterstates.

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Torry Murillo, of Bogue Chitto, and Andrew Gitzen, of 44 RiverRoad, were killed while Julie Sivils, of 69 Nola Road, Sontag;Larry Rutland, 22 of 822 Denton Trail and Jeffery Berryhill, of 326Auburn Drive, were injured in the accident at the intersection ofMcCaffery and Calvary Roads.

According to Moak’s letter, which presents only one side of acase, Lincoln County Sheriff’s Department deputies advanced a hotpursuit that ultimately resulted in the fatal wreck. Under statelaw, Moak’s letter of notice is required when a lawsuit is plannedagainst a government entity.

“After investigation, our clients intend to proceed on a grossnegligence claim on the part of responsible officers of the LincolnCounty Sheriff’s Department due to this high speed pursuit,” theletter said.

Supervisors met in executive session briefly during Monday’smeeting to discuss prospective litigation. County officials had nocomment on the executive session.