Birmingham Supreme Court Allows Lawsuit to Proceed in Hit-and-Run Death of 5-Year-Old Girl

Birmingham Supreme Court Ruling Paves Way for Ongoing Lawsuit in Tragic Hit-and-Run Case

Birmingham officials are faced with a significant legal development as the Alabama Supreme Court ruled on Friday to allow a lawsuit concerning the 2020 death of 5-year-old Kamerynn Young to move forward. The young girl tragically lost her life in a hit-and-run incident that arose from a police pursuit gone awry.

Details of the Incident

On April 1, 2020, Kamerynn was in a vehicle with her family when they were struck by a pickup truck driven by Dustin Cody Martin. Martin was reportedly driving erratically on Interstate 59/20 when officers attempted to pursue him. After evading the police, Martin hit another vehicle at the intersection of Springville Road and Roebuck Parkway, resulting in Kamerynn’s death.

Legal Proceedings

In the wake of this tragedy, Kamerynn’s family filed a wrongful death lawsuit against Martin, his employer, and the City of Birmingham along with two police officers who are no longer with the department. This lawsuit has been a lengthy process, with motions and rulings unfolding over the past four years. On July 26, 2023, Birmingham’s legal council filed a motion for summary judgment, seeking to have the claims against the city and officers dismissed. They argued that they were protected from litigation due to statutory immunity.

However, in a ruling by Jefferson County Circuit Judge Javan Patton on September 28, 2023, the city’s motion was denied. Following this, Birmingham officials sought to have the decision overturned by filing a petition with the Alabama Supreme Court.

The Supreme Court’s Decision

The Supreme Court, in a 7-2 ruling, rejected the city’s petition without offering an explanation. The decision allows the lawsuit to continue, which has caused concern for some regarding the implications of Birmingham’s police pursuit policy.

Concerns about Police Policies

One of the justices, Greg Cook, voiced worries in a special writing regarding the Birmingham Police Department’s policy that bars officers from pursuing fleeing vehicles in traffic violations or misdemeanors. Cook expressed that this “absolute policy” might hinder officers’ ability to apprehend suspects and protect public safety. “I believe this policy is badly misguided,” he wrote, emphasizing that the responsibility to amend such policies falls on the City of Birmingham and its police department.

Next Steps in the Lawsuit

Following the Supreme Court’s ruling, Judge Patton has called for a scheduling conference on November 14, 2023. During this conference, a firm trial date is expected to be set as the case progresses.

Broader Implications

This ruling has sparked a wider discussion regarding police pursuit policies in Alabama. Justice Cook’s concerns highlight the tension between strategies aimed at ensuring public safety and potential legal liabilities that officers might face when engaging in high-stakes pursuits. While other municipalities in Alabama have established more flexible guidelines regarding police pursuits, the unyielding nature of Birmingham’s policy presents unique challenges.

The families affected by this tragic incident are awaiting the next steps in the ongoing legal battle. As the case advances, it underscores the complexity of balancing law enforcement practices with community safety and accountability.

Community Reactions

Birmingham residents are engaged and divided over the implications of the city’s pursuit policy and the tragic death of Kamerynn Young. As the community continues to seek justice for the family, the outcome of this lawsuit could influence future conversations regarding traffic safety, police practices, and their impact on families in Birmingham.

While City of Birmingham officials did not respond immediately to inquiries for comments on the ruling and its implications, the community remains attentive to how this case unfolds in the months to come.