$3M wrongful death suit filed against Giannini - FOX13 News, WHBQ FOX 13

$3M wrongful death suit filed against Giannini

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    Friday, October 4 2013 3:43 PM EDT2013-10-04 19:43:45 GMT
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DOWNTOWN MEMPHIS, Tenn. (FOX13) -

A wrongful death lawsuit against former Shelby County Election Commission Chairman Bill Giannini was filed Oct. 1 in Shelby County Circuit Court.

The lawsuit involves the fatal December 2012 car crash that killed an 8-year-old boy from Memphis and sent the boy's relative to the hospital.

READ: Complaint for wrongful death and damages

The family of the victim wants Giannini, who is now an assistant commissioner with the Tennessee Department of Commerce and Insurance, to pay them $3 million in damages.

MORE: Giannini doesn't appear in court for traffic ticket
MORE:
Giannini cited for December 2012 fatal accident
MORE: Giannini won't be charged in deadly December 2012 crash

The lawsuit claims there was no excuse for the fatal crash. The weather was clear on Dec. 22, 2012. Traffic on I-40 had slowed because of an accident ahead and the car carrying 8-year-old Quindarious McGhay and two of his relatives, who were returning from a Christmas shopping trip in Nashville. had slowed and come to almost a complete stop.

The lawsuit claims Giannini was traveling faster than the 70 miles per hour speed limit. The suit claims Giannini had 10 seconds to break and slow down but didn't.

The lawyer for the boy's family claims Giannini had the equivalent of 13 football fields to avoid a collision.

The lawsuit alleges that Giannini struck the car carrying Quindarious at a speed equal to or greater than 70 miles per hour.

A toxicology report showed no evidence of alcohol or illegal drugs in Giannini's system. He did received a traffic ticket for failure to obey, a citation he is currently fighting in court.

Giannini's lawyer didn't respond to FOX13 News for a comment.

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