The civil lawsuit filed by the family of a 22-year-old killed in a crash in Iowa City in May has been dismissed due to a procedural error.
The estate of 22-year-old Jennifer Russell of Waterloo filed a civil suit in June alleging that 17-year-old Elijah Seals and another teen driver, Kesean Ford, were “drag racing” when they collided with the vehicle the late Russell was driven.
Russell was in the intersection of East Court Street and Seventh Avenue in Iowa City just before 11 p.m. on May 27 when Ford and Seals allegedly ran a stop sign in separate westbound cars, striking Russell’s vehicle. Russell, Seals, Ford, and another 17-year-old were taken to the University of Iowa Hospitals and Clinics, where Russell was later pronounced dead.
The suit dismissal comes after Seals was provided "personal service" of his civil notice in July while still 17 and a minor.
More:Lawsuit claims Iowa City teens were 'drag racing' when they struck Jennifer Russell's car in an intersection
Under Iowa law, persons under 18 must have "personal service" notices, like the one provided to Seals, given to their guardian or conservator.
Since the procedure was not followed correctly, the attorney for Seals filed a motion to dismiss the case. An attorney for the Russell family, Chad Swanson, voluntarily accepted and the case was dismissed “without prejudice.”
Cases dismissed without prejudice allow attorneys to re-file with the same parties and accusations. Swanson did not immediately respond to a request for comment regarding any future lawsuits on Tuesday.
The estate of 22-year-old Jennifer Russell of Waterloo filed a civil suit in June alleging that 17-year-old Elijah Seals and another teen driver, Kesean Ford, were “drag racing” when they collided with the vehicle the late Russell was driven.
Russell was in the intersection of East Court Street and Seventh Avenue in Iowa City just before 11 p.m. on May 27 when Ford and Seals allegedly ran a stop sign in separate westbound cars, striking Russell’s vehicle. Russell, Seals, Ford, and another 17-year-old were taken to the University of Iowa Hospitals and Clinics, where Russell was later pronounced dead.
The suit dismissal comes after Seals was provided "personal service" of his civil notice in July while still 17 and a minor.
More:Lawsuit claims Iowa City teens were 'drag racing' when they struck Jennifer Russell's car in an intersection
Under Iowa law, persons under 18 must have "personal service" notices, like the one provided to Seals, given to their guardian or conservator.
Since the procedure was not followed correctly, the attorney for Seals filed a motion to dismiss the case. An attorney for the Russell family, Chad Swanson, voluntarily accepted and the case was dismissed “without prejudice.”
Cases dismissed without prejudice allow attorneys to re-file with the same parties and accusations. Swanson did not immediately respond to a request for comment regarding any future lawsuits on Tuesday.
Lawsuit accusing teens of drag racing in Iowa City before fatal accident dismissed
The lawsuit filed by the parents of Jennifer Russell, the driver killed in Iowa City in a fatal May accident, has been dismissed after an error in procedure.
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