City of Raleigh asks judge to dismiss lawsuit tied to the deadly 2022 Christmas parade accident
RALEIGH, N.C. (WTVD) -- Attorneys for the city of Raleigh and attorneys for the estate of Hailey Brooks met in court Monday about a lawsuit filed three years ago. City attorneys filed a motion asking the judge to dismiss Brooks' civil lawsuit against the city.
Attorneys are arguing that, as a governmental entity, they do not have personal jurisdiction over the actions of Landon Glass, who is in jail as a result of hitting and killing Hailey Brooks with his truck during the 2022 Christmas parade in downtown Raleigh.
"The City of Raleigh had no legal authority to control Mr Glass' conduct," said Hunt Choi, a City of Raleigh attorney. "Law enforcement officers just can't go and ask anybody to stop to let us look at their registration or whatever. We need to have reasonable suspicion."
City attorneys said they had no legal basis to stop Glass or his vehicles. And their motion to dismiss argues that nobody from the city was in a position to stop him.
According to city attorneys, the law allows municipalities to have "governmental immunity" in these types of lawsuits, which are based on statutes that state lawmakers passed.
Andrew Seymour, attorney for the City of Raleigh, argued that "Governmental immunity is a difficult topic for plaintiffs to not only understand, quite frankly, because of its nature. But also, because it's a tough concept to grasp. How can a municipality be immune from a lawsuit? But unfortunately, your honor, that's the law. That has been the law for centuries."
Attorneys for the Brooks family are expected to argue why they believe the City of Raleigh's motion to dismiss should be denied.
"The case turns on whether the City of Raleigh was involved in a governmental function or a proprietary function with regard to the Raleigh Christmas Parade in 2022," said Jason Miller, a Brooks family attorney. "The case turns on whether the City of Raleigh was involved in a governmental function or a proprietary function with regard to the Raleigh Christmas Parade in 2022. The court issues the nature of that function. What was their involvement?"
The family added the City of Raleigh, Schoenfeld and Archer for their role in planning the parade
The original lawsuit filed in 2023 named Glass, the CC and Co Dance Company and Shop Local Raleigh, as part of the proceedings. But since then, they have dropped the dance company, Glass and D and L Floats from the lawsuit.
After Hailey's death, the City of Raleigh didn't allow motorized vehicles in the 2023 parade. However, the Raleigh city council voted in June 2024 to allow motorized vehicles in parades but with new safety regulations.
Court recessed before the Brooks family attorneys could argue their opposition to the motion to dismiss. Court will resume at 9:30 a.m. Wednesday.
