DALLAS, April 26, 2011 /PRNewswire/ -- Attorneys from The Schmidt Firm, LLP and The Law Offices of Mark J. Siegel & Associates have filed new legal claims in the death of a 23-year-old college student who was crushed by a "monster truck" in the parking lot of a Dallas gentlemen's club last month.
In an amended petition filed April 26, 2011, attorneys for the family of Kasey McKenzie of Granbury, Texas, allege that custom truck owner Kenneth Nair was negligent for allowing Dallas resident Eric Brent Crutchfield to operate the vehicle. Mr. Crutchfield is identified in the lawsuit as "an unlicensed, incompetent and/or reckless driver." Mr. Nair, a resident of Broken Arrow, Okla., has been added as a defendant.
According to the lawsuit, the modified truck stands more than 9 1/2 feet from the ground to the roof. The lawsuit says the vehicle was purchased as a "show truck" that was never intended to be driven on the street, especially at night. Investigators for Ms. McKenzie's family have found that the base of the truck's headlights is approximately 18 inches higher than allowed by state and federal regulations.
"Combined with the truck's dark tinted windows, these factors would have made it extremely difficult for an intoxicated driver to see Ms. McKenzie, who was only 5 feet 3 inches tall," says attorney Michael E. Schmidt, who represents the McKenzie family with co-counsel Mark J. Siegel. "Unlike many other states, Texas does not mandate the height of vehicle bumpers or lift blocks. We hope Ms. McKenzie's tragic death will cause state representatives to consider new regulations."
Ms. McKenzie was leaving the Spearmint Rhino Gentlemen's Club on March 17, 2011, with friends when she was run over by both the front and rear tires of the truck. Onlookers forced Mr. Crutchfield to stop before police arrived. He reportedly told police he was unaware of hitting anyone.
Evidence collected by the family's legal team and the Dallas Police Department suggests that Mr. Crutchfield was served numerous alcoholic drinks at Spearmint Rhino. He was arrested at the scene and charged with intoxication manslaughter, although he remains free after posting bail.
The lawsuit is Gary McKenzie, et al. v. High Expectations Hospitality, LLC d/b/a Spearmint Rhino Gentlemen's Club, et al., No. DC-11-04658.
For more information, contact Bruce Vincent at 800-559-4534 or [email protected].
SOURCE The Schmidt Firm, LLP; The Law Offices of Mark J. Siegel & Associates