Survivors of Monica Plank, a Marine gunnery sergeant killed by a hit-and-run driver on Feb. 16, 2014, have filed a lawsuit against the city of Bellefontaine and a former owner of Michael’s Pizza, 909 S. Main St.
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MONICA PLANK |
The estate claims the city and Loretta A. LeVan of Bellefontaine were negligent for not clearing accumulated snow and ice from the sidewalks in front of the restaurant and the city’s Water Department at 917 S. Main St.
Sgt. Plank was walking northbound in the street with her husband, Christopher, trying to catch up with her when she was struck by a northbound car operated by Holly J. Fowler, 28, who is serving a 2 1/2-year prison sentence for felony counts of leaving the scene of a fatal crash and tampering with evidence.
The lawsuit, filed on the two-year anniversary of Sgt. Plank’s death, claims the victim was forced to walk in the street because sidewalks were piled high with snow and ice and that contributed to her death.
Plaintiff attorney J.C. Ratliff wrote in the filings with the Logan County Common Pleas Court both property owners had sufficient time to clear the walks and did not, a violation of city ordinances.
Ms. LeVan is represented by John W. Becker, while the city is represented by Michael J. Valentine.
Both denied the allegations in the lawsuit and asked for its immediate dismissal, a standard practice.
Mr. Valentine also noted in his response the plaintiff: missed the statute of limitations for filing the lawsuit within two years of the incident; did not name other “indispensable and/or necessary parties” in the lawsuit; and the victim’s own “comparative negligence eliminates or proportionally reduces the amount of recovery” the estate is entitled to.
He also argues Sgt. Plank’s death came from the negligent act of Ms. Fowler and the city has “absolute and/or qualified immunity” under state law from such a lawsuit.
Sgt. Plank is survived by her husband, Christopher, who lives in West Liberty, and three children, Jocelyn Nuno, 12, Adriana Nuno, 10, and Gabriel Nuno, 8, all of Havelock, N.C.
The lawsuit seeks damages in excess of $25,000.
A scheduling conference is set for 9:30 a.m. Monday.