Supervisor Released From Wrongful Death Lawsuit
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WATER VALLEY – A county supervisor and his business have been released as defendants in a wrongful death lawsuit filed following the death of a woman who died in June, 2021, after driving into a creek after heavy rain washed out the road and culvert on County Road 224.
Kenny Harmon and Harmon Construction were voluntarily dismissed as defendants last month in the lawsuit that seeks damages for injuries sustained by William E. Beard and damages for the death of Lucy Beard, leaving Yalobusha County and the Yalobusha County Board of Supervisors as the remaining defendants.
The wreck occurred after an estimated six inches of rain fell during flash flooding during the morning hours on June 8, 2021, flooding roads, bridges and homes in some areas of the county, according to earlier reports in the Herald. The Beards were traveling in a Ford pickup when runoff washed out a culvert and portion of County Road 224, creating a gaping 20-foot hole in the road. First responders battled the rain-swollen creek and downpour, mounting a rescue to free Lucy Beard from the truck and hoist her to safety using a rope. William Beard was already out of the truck when first responders arrived.
The Yalobusha County Board of Supervisors declared a local State of Emergency later that day as crews worked on damaged roads and combated drainage problems across the county.
According to the lawsuit filed in May, and an accompanying Notice of Claim filed a month of the wreck, the couple was traveling on County Road 224 when the road “suddenly and without warning collapsed, and the Plaintiff’s vehicle crashed down into the road.” Lucy Beard died six days later in a Tupelo hospital.
The Complaint alleged negligence by Harmon and his company. The accompanying Notice of Claim, filed June 29, 2021, stated the claimant was seeking $500,000 in damages against Yalobusha County and $5 million in damages against Kenny Harmon Construction, LLC. Harmon and his company were dismissed from the lawsuit in a filing on October 24 in Yalobusha County Circuit Court from Beard’s attorney, Jason Campbell.
Next Step
A hearing is scheduled on December 14 after a motion for relief was filed by the attorney representing Yalobusha County and the Yalobusha County Board of Supervisors seeking the court to find that certain claims in the lawsuit are subject to the provisions of the Mississippi Tort Claims Act. Relief requested in the omnibus filing ranges from requesting the court to limit certain claims based on state and federal law including the Mississippi Tort Claims Act, complete immunity for employees of Yalobusha County for actions taken within the course of and scope of employment, or complete dismissal.
The hearing will be held at the Panola County courthouse in Batesville Mississippi at 9 a.m.