CINCINNATI, OH (FOX19) - FOX19 has learned the details of a wrongful death lawsuit filed by the mother of an Amelia High School student who was killed in an automobile accident earlier this month on Interstate 275.
Kim Johnson of Batavia, student Damion Henderson's mother, is seeking an amount in excess of $25,000, punitive damages, attorney fees and any other costs and relief. She is also seeking a jury trial.
The suit alleges that motorist Larry Molloy of Union Township was driving at a speed not reasonable for the conditions, failure to exercise reasonable control over his vehicle and driving while under the influence of alcohol.
Cincinnati Police say that 41-year-old Molloy was traveling 80 mph in a 65 mph zone when he struck a guardrail on I-275 at Kellogg Road in the Cincinnati neighborhood of California. The accident happened around 5:15 p.m. March 9. Molloy, his son and a third minor survived.
However, 16-year-old Henderson was killed. He was sitting in a backseat when he was ejected from the rear window. He sustained life threatening injuries at the scene. He was transported to Mercy Anderson Hospital where he died from his injuries.
Cincinnati Police Police have not charged Molloy criminally. Police have said that speed, alcohol and failure to wear a seat belt appeared to be factors in the accident.
The suit was filed Friday in Hamilton County Common Pleas Court.