Judge denies city's motion to dismiss lawsuit filed by Plush family
Jan. 22, 2020
A Hamilton County judge is allowing a lawsuit against the city filed by the family of Kyle Plush to continue.
The 16-year-old Seven Hills student died on April 10, 2018, when he was trapped by a folding seat in the back of a minivan parked in a lot across from his school.
Despite desperate calls to 911 by the teenager, Plush was not found until six hours later by his father. He was unresponsive in the van and pronounced dead a short time later.
Hamilton County Judge Robert Ruehlman denied the city's motion to dismiss the lawsuit, saying a motion to dismiss "may only be granted when it is determined no set of facts can be presented as to allow for the plaintiff some entitlement of relief."
Ruehlman said the court finds that there are a "set of facts presented that may allow for relief for the plaintiff."
Ruehlman heard legal arguments last month.
The suit, filed last year, charges the city, a former city official and four city employees with actions it alleges led to Kyle Plush's 2018 death. The lawsuit's goals are to determine what went wrong when police were unable to locate him and to make sure it doesn't happen again, the family said.
The city maintains its response was not negligent and cites improvements made to the 911 system.
A trial date has been tentatively set for March 30.
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