Family of girl killed in Raleigh Christmas parade files wrongful death lawsuit

The parents of the 11-year-old girl who was killed in the Raleigh Christmas Parade last year have filed a wrongful death lawsuit against multiple parties.

Court records show the estate of Hailey Brooks filed suit against 20-year-old Landen Glass, the driver who struck Hailey; CC & Co. Dance Company, the dance troupe she was performing with; D and L Floats LLC, a parade float provider; and the Greater Raleigh Merchants Association, the parade organizers.

On Nov. 19, Hailey was dancing with the troupe on Hillsborough Street when she was struck and killed by a runaway, modified pickup truck driven by Glass.

“Hailey’s death was foreseeable and would have been prevented if basic, reasonable and well-known safety protocols had been adopted and enforced,” the lawsuit states.

The 56-page lawsuit alleges negligence on the part of all parties. Glass is referenced most for improper maintenance, illegal truck modifications and outstanding vehicle violations, according to the complaint.

The lawsuit was filed in Wake County Superior Court on April 14.

Five months after their daughter was killed, the complaint says the Brooks family is seeking $25,000 or more on each of the 10 claims, which include wrongful death, negligence and gross negligence and liability. They are being represented by Raleigh-based law firm Miller Monroe & Plyler, according to court documents.

Allegations against driver

According to the lawsuit and Wake County Assistant District Attorney Shaun Taylor, Glass removed the emergency brake from his truck before the parade.

The lawsuit also claims that Glass incorrectly replaced his brake fluid with steering fluid and failed to warn the crowd of the danger or to avoid Hailey.

Glass has been charged with involuntary manslaughter, a felony, in Hailey’s death and was released on bond in early April. At the time of Hailey’s death, he was charged with misdemeanor death by motor vehicle and carrying a firearm in a parade, among other charges. But a grand jury indicted Glass on March 20, prompting District Attorney Lorrin Freeman to elevate the charges.

Roger Smith, Glass’s attorney, said on March 29 that his client is “so sorry for what happened.”

“He tried desperately to avoid what happened that day,” Smith said. “He did everything he could to stop that truck that day, but he just couldn’t.”

The lawsuit disagrees. It claims Glass was not the one honking his horn to alert people about the brake failure and that he did not attempt to drive the vehicle away from dancers.

“Glass did not swerve or attempt to avoid Hailey. He drove directly over her,” the complaint states.

Allegations against dance company

The rest of the lawsuit alleges a chain of negligence that let Glass drive in the parade. It claims CC & Co. allowed Glass to drive their company float in the parade and did not provide adequate safety training for parade performers.

“None of the pre-parade communications to parents of CC & Co. students related to safety or emergency procedures,” the lawsuit states.

The Brooks family’s lawsuit states CC & Co. should have been aware of Glass’s driving history and vehicle condition before permitting him to drive in the parade.

Christy Curtis, the founder of CC & Co., said through a spokesperson that the studio’s legal representation is reviewing the filing.

“As a longstanding dance institution, we have always prioritized the safety and well-being of our students and we take these allegations very seriously,” Curtis said. “Our staff remains dedicated to providing a nurturing environment that fosters learning, growth and a passion for dance.”

CC & Co. is represented by Joseph Diab with Maynard Nexsen, an Alabama-based law firm.

The lawsuit also states the float provider, D and L Floats, and the event organizers, Greater Raleigh Merchants Association, known as Shop Local Raleigh, failed to uphold necessary safety standards for the parade.

Shop Local Raleigh is currently represented by Bill Pollock of Ragsdale Liggett. Pollock said Shop Local Raleigh has not yet been served with the complaint, so he cannot comment on it.

The News & Observer reached out to Glass’s lawyer and D and L Floats and has not yet heard back from them.

“This action is brought to ensure that those responsible for Hailey’s death are held accountable and to ensure that no other child or person is hurt or killed by the recklessness of those entrusted with and responsible for the safety of the children and attendees at this Raleigh tradition,” the lawsuit states.

In addition to this lawsuit, Senate Bill 731 “Shine Like Hailey Parade Safety Act” was introduced by state Sen. Mary Bode on April 6. The bill proposes that all parades in municipalities of more than 35,000 people enact inspections on vehicles used in the parade within a week prior to the event and that drivers in parades must be at least 25 years old and have a valid driver’s license.

Glass lives in Good, Virginia. The involuntary manslaughter charge is a Class F felony with a maximum sentence of three years, but Freeman said the penalty is based on a defendant’s prior record.