Father Files Negligence Claim Against City of St. Mary’s Following Son’s Death

Posted on Dec 26, 2014

In a wrongful death lawsuit filed recently against the City of St. Mary’s, the father of 15-year-old Braxton Sullivan claims that, had the city properly mowed the grassy shoulder of St. Mary’s Road, his son would not have been hit by a car and killed earlier this summer. According to a notice received by the City of St. Mary’s on November 14, the teen’s “sole custodial parent,” Rickey J. Sullivan, intends to sue the city for negligence in his tragic death. If you have lost a loved one in a negligence accident in Atlanta, Marietta, or elsewhere in Georgia, consult our reputable wrongful death lawyers at Rechtman & Spevak today. Our law firm is located in Atlanta, and our attorneys have years of experience protecting the rights of families throughout Georgia whose loved ones have been killed because of negligence.

Teen Struck While Walking on Shoulder of Road

At the time of his death, Braxton Sullivan had graduated from Camden Middle School and was living at the Methodist Home for Children and Youth in St. Mary’s. The accident that killed Sullivan took place at about 11:38 p.m. on the evening of June 7, as the 15-year-old and a younger boy were walking east between Haddock Road and Opsrey Cove. According to the St. Mary’s Police Department, Sullivan was walking in the right lane of St. Mary’s Road, to the right of the painted fog line, when a car traveling approximately 55 miles per hour struck him from behind and killed him. The driver involved in the fatal accident, 21-year-old Rubin O’Neil Mainor, had looked down to change the music playing on his cell phone when he collided with Sullivan, and then stopped to call 911.

City Failed to Properly Maintain Grassy Shoulder

In the negligence claim brought against the City of St. Mary’s, Ricky J. Sullivan’s attorney claims that the city is at least 50 percent responsible for Braxton Sullivan’s death, indicating that the teen was walking on the pavement because the grass shoulder, “which is commonly used as a sidewalk,” had not been mowed in at least eight months, and the grass was “extremely high.” The wrongful death lawsuit states that, “The high grass on the grassy shoulder made it very difficult to walk along the grassy shoulder. And given the proximity of the Osprey Cove subdivision, pedestrians commonly walk along the grassy shoulder of St. Mary’s Road or bike along the shoulder of the road to get from one entrance of the subdivision to the other.”

Our Experienced Wrongful Death Attorneys Can Help

According to Sullivan’s lawyer, the City of St. Mary’s is responsible for maintaining the road and the grassy shoulder, and had “actual and constructive notice” that the shoulder was not being properly maintained, and that pedestrians, cyclists and children walking to a nearby school bus stop used the shoulder instead. As a result of the city’s alleged involvement in Braxton Sullivan’s death, his family is seeking compensation for damages in the amount of $2.5 million. If you have lost a loved one in a fatal Georgia accident allegedly caused by the negligence of another person or party, contact our wrongful death attorneys at Rechtman & Spevak today for legal help. We can help you protect your legal rights and pursue the financial compensation you deserve for your losses.

Jaret A. Spevak
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Atlanta Attorney with Over 20 Years Experience