LIVE: Attorneys argue against Raleigh's push to dismiss Hailey Brooks lawsuit

RALEIGH, N.C. (WTVD) -- Attorneys for the family of 11-year-old Hailey Brooks are expected to argue in court Wednesday as they fight to keep part of their wrongful death lawsuit from being dismissed.

Both of Hailey's parents are present in the courtroom as proceedings get underway.

The hearing comes after the City of Raleigh asked a Wake County judge earlier this week to dismiss claims against the city and two city employees.

The Brooks family's attorneys are pushing back, arguing the city played a direct role in organizing and securing the 2022 Raleigh Christmas Parade, where Hailey was killed.

In court filings and arguments, the family contends the city was not merely a bystander but helped plan and operate the event. They also argue the crash was not a random criminal act but a foreseeable safety failure.

According to the family's legal team, the city had authority over safety planning and approvals, acted as the parade's crowd manager, and failed in that role. They also claim city documents show Raleigh assumed responsibility for safety during the event.

City attorneys argued Monday that Raleigh is protected from liability in this case. They say the city had no legal authority to control the driver, identified as Landen Glass, or inspect his vehicle before the crash.

Attorneys for the city also pointed to governmental immunity, arguing state law shields municipalities from liability in certain lawsuits.

The case stems from the death of Hailey Brooks, who was hit and killed by a truck during the 2022 Raleigh Christmas Parade.

The original lawsuit, filed in 2023, named Glass, CC & Co. Dance Company, and Shop Local Raleigh as defendants. Since then, the family has dropped claims against the dance company, Glass, and D & L Floats.

Earlier this week, the court recessed before the Brooks family's attorneys could present their arguments opposing the motion to dismiss.

ABC11 is inside the courtroom and will provide updates as new details come in.