Thursday, April 05, 2012

Two lawsuits filed against DUI driver in air show accident

 
Eight-year-old Haylee Burks, above, was killed in a car accident Saturday afternoon while walking from the Tuscaloosa Regional Air Show. 
(Jemison Elementary School) 


Danny Ray Smith
 (Tuscaloosa County Sheriff's Office)


Two lawsuits have been filed against a Tuscaloosa man accused of driving drunk and hitting a family after last weekend's Regional Air Show. The lawsuits have been filed by the parents of Haley Burks, the 8-year-old girl who was killed in the accident.

Haley's father and mother, who have been divorced for several years, have each filed separate wrongful death lawsuits. It's unclear whether or not the lawsuits will eventually be combined into one case against Danny Ray Smith. Smith has been charged with vehicular homicide, assault and leaving the scene of an accident.

The lawyers for Tanya Burks, Haley's mother, said the victims of Saturday's accident face long-term pain and suffering. Tanya and her two daughters were walking next to 5th Street after the air show when a truck driven by Smith hit them, killing Haley. Court records show the accident left Tanya Burks with four broken vertebrae in her back and her three-year-old daughter suffered from head and neck injuries.

The lawsuit filed by Tanya Burks' lawyers does not ask for a specific amount of money, but her lawyers say it's not certain when Tanya could return to work as a hair dresser.

"In this case, she's got to look out for herself and her future as well as the future of her three-year-old child," Apsilah Owens Millsaps, one of Tanya's attorneys, said Thursday. 

"In addition, when you go through a loss like this, people just don't know quite what to do and that's the first logical step that people hit, trying to move forward how to make something happen to make sense of the tragedy," Millsaps said.

Tanya's attorneys say they'd prefer to settle this case out of court. It could be up to three years before that helps.

Calls to Danny Ray Smith's attorneys were not immediately returned.

Source:  http://www.myfoxal.com

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