A lawsuit response filed earlier this month in Jasper County Circuit Court, casts the blame on Redings Mill and Lockwood firefighter Tucker Berry for his own death as a result of an October 19 incident in which Berry fell from a golf cart.
The response, filed by Paul D. Link, the Springfield attorney representing Brant Cullen, Carl Junction, one of the defendants in the lawsuit, which was filed in February by Berry's parents, Samuel and Tonya Berry, Lockwood, says it was Berry's own carelessness that caused him to fall from the back of a golf cart and that the Berry should receive either no damages or a lesser amount.
Defendant Cullen avers that the decedent, Tucker L. Berry (“Tucker”), failed to exercise reasonable care in how he was riding on the golf cart and was thereby negligent, and that said negligence caused or contributed to cause his death, by reason of which the Plaintiffs are not entitled to recover, or their recovery, if any, should be reduced in accordance with Tucker’s relative percentage of fault.
The response says the lawsuit should be dismissed with prejudice and the Berrys should pay the costs.
In the remaining portion of the response, Cullen's attorney acknowledges that the incident occurred, and that Berry fell from the back of the golf cart but says the Berrys' lawsuit does not provide enough information to admit or deny other allegations.
The other defendant in the wrongful death lawsuit, Kreg Myers, Cassville, has not filed a response and online records do not show who is representing him.
In the Berry's petition, they claim their son's death was caused by carelessness by Cullen and Myers.
Tucker, who was riding on the back of the golf cart driven by Defendant Cullen, was thrown from said golf cart onto the pavement of Fairway Drive striking his head.The above incident occurred due to the negligence of both Defendants Cullen and Myers who were racing, driving erratically, and were "playing" with each other with their golf carts at the time of this incident.
Both defendants were negligent, and both defendants failed to operate {their} golf cars using the highest degree of car. Specifically, both drove at an excessive speed, failed to keep a careful lookout and drove erratically causing this incident.
As a direct result of Defendants' negligence, Tucker was thrown from Defendant Cullen's golf cart and sustained injuries to his head from which Tucker died on October 20, 2024.
The Berrys, who are represented by Mount Vernon attorney John Alan Cowherd, are asking for actual damages and "for such other relief as the court deems proper."
6 comments:
I wasn’t there, I didn’t see anything and I don’t personally know any of the people involved. I’m also someone who believes in personal responsibility. Having said all of that - isn’t a major part of the issue that this young man’s “friends” are all trained first responders who left him to suffer/die? They may not be responsible for the accident that happened, but aren’t they responsible for how it ended?
Best Defense - BLAME THE DEAD VICTIM - To many Questions Unanswered, So the Defendants are Racing - Driving Erratic, Not offering Assistance to Tucker Berry - and Why did they Hide the Golf Carts - - Too Many Smoking Guns - - - Jury Trial will see Right through this Smoke and Mirrors by these Defendants - -
Note to All - If you were there and you Saw What Happened - You would be Smart to Come Forward and Do the Right Thing!!! This is too Much of a Cover-Up and Hiding the Truth.
I hope they catch the guys who did this.
Ehhhh
I think they already did!
Wow. So this guys former friends and co-workers workers who left him to die in the middle of a road have now thrown him under the bus to continue their efforts of distancing themselves from him and this incident. What an incredible lack of integrity, accountability, responsibility and respect.
I’ll never trust the Redings Mill Fire Department ever again.
Check the camera from the house across the street. Girlfriend who is a nurse that works at Freeman came, picked up the drivers, sped off leaving Tucker to die alone.
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