Lawsuit filed by children of man run over by Augusta Fire truck during mass shooting

Alexandra Koch, Augusta Chronicle
·2 min read
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The children of a man run over by an Augusta Fire truck during a mass biker gang shooting on May 13 in Augusta are suing the city, citing gross negligence.

The lawsuit, filed by Germayne Farrell's five children earlier this year in Richmond County Superior Court, is seeking emotional and financial damages.

Farrell, 51, of Daytona Beach, Florida, was shot in a parking lot during a shootout at the Outcast Motorcycle Club on Prep Phillips Drive, according to previous reporting.

FILE - Germayne Farrell, 51, of Daytona Beach, Florida, was killed in a shooting in Augusta on May 13, 2023.
FILE - Germayne Farrell, 51, of Daytona Beach, Florida, was killed in a shooting in Augusta on May 13, 2023.

While responding to the scene, then-Augusta firefighter Gregory Hartshorne, 52, of Augusta, failed to see Farrell on the ground and ran him over, dragging Farrell's body more than 50 feet.

The suit alleges Hartshorne was negligent in:

  • Recklessly disregarding Augusta Fire Department policies and procedures;

  • Failing to exercise care, keep a proper lookout and remain alert while operating an AFD vehicle; and,

  • Failing to exercise due care in handling and not mutilating a corpse, assuming that Farrell was dead at the time of the crash.

While Sheriff Richard Rountree initially told the media Farrell was pronounced dead by the Richmond County Coroner's Office prior to his body being run over by Hartshorne, a media release later stated the coroner's office did not pronounce Farrell dead until after the incident, according to previous reporting.

Attorneys for the family said in a recent phone interview that "whether a death was caused by him being ran over or not, that's just unclear at this point."

Farrell's children allege they suffered, and continue to suffer, emotional and other financial damages due to Hartshorne's negligence, according to the suit.

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The children are seeking:

  • Past and future general damages, which are non-economic damages for pain and suffering;

  • Past and future special damages, which are economic damages including medical bills, lost earnings, and other out-of-pocket expenses resulting from the incident;

  • A trial by jury; and,

  • Other relief, as the court deems appropriate.

The suit claims the city purchased insurance to cover claims for the negligent use of its covered vehicles.

City of Augusta attorneys respond to lawsuit

City attorneys last month filed an answer to the lawsuit, denying almost all of the children's claims.

The answer alleges the claims are barred due to the doctrine of sovereign immunity, which states the government is immune to civil suit or criminal prosecution.

Further, the city denied all allegations, stating it is not responsible for any negligence or gross negligence, according to the answer.

The city asked the court to dismiss the case with prejudice, meaning it cannot be tried again, according to the answer.

The city did not immediately respond last week to requests for comment.

This article originally appeared on Augusta Chronicle: Lawsuit filed by children of man ran over by Augusta Fire truck