Augusta, Athens employment agencies create stronger approach to pair people with jobs
NEWS

Others claiming injury in Fleming park electrocution

Jozsef Papp
jpapp@augustachronicle.com
The makeshift memorial near the Fleming Park lighting equipment suspected in the electrocution death of 12-year-old Melquan Robinson last year. Photographed in Augusta, Ga., Thursday morning April 18, 2019.   [MICHAEL HOLAHAN/THE AUGUSTA CHRONICLE]

The city of Augusta is facing additional pending litigation in the electrocution death of a 12-year-old at Fleming Athletic Complex.

Legal notices by lawyers representing others injured during the Oct. 15 incident are claiming negligence by the city. The ante-litem notices were filed by Nicholas Moraitakis, representing the Sette family, and by Mark Williamson, representing the Berry family and two youths who claim they received electrical shocks .

Moraitakis, of Moraitakis and Kushel, said the notice makes clear his client's claims.

“The ante-litem includes our allegation of negligence and wrongdoing against the city and county,” he said. “It sets forth the knowledge that they had about prior problems on the field and their inadequate remedies and how that resulted in the danger that existed on the night these young boys got electrocuted.”

Moraitakis filed the notice with the city April 2. According to the notice, David Sette Jr. was playing football at Fleming Park on Oct. 15 when he sustained an injury from electrical shock while trying to help Melquan Robinson, who was killed after touching a fence at a Fleming park field that had become electrified.

According to the notice, the family is seeking $500,000 in damages from the city. A jury can increase or decrease that amount. Moraitakis said they are willing to work with the city to resolve the case.

“At some point, I anticipate we will give the opportunity to Richmond County to make an effort to resolve our case, but if they don’t and we are forced to, we will file a suit,” he said.

The extent of the personal injuries sustained by Sette include “transient loss of consciousness, inability to move extremities, exposure to electrical current and acute stress reaction to the electrocution event.” According to the notice, claims for the injuries include any past and future medical bills, pain and suffering and any other damages that may be recognized under Georgia Law.

The notice also states “a hazardous condition existed” at the park and created a “zone of severe danger”, which was known or should have been known by the city. The notice includes five claims in which the city failed to properly install the metal lighting fixtures, transformers and transformer enclosures at the park.

One claim states the city failed to ensure the proper installation of lighting fixtures at the park by qualified electricians that understood the dangers that can be created when not properly installed. The notice also includes claims of failure to recognize the existence of inappropriate lighting and wiring after an incident in 1991 and failure to address it.

According to the notice, the city showed negligence in failing to ensure regular safety and maintenance inspections of the lighting system and failed to comply with standards and codes.

Williamson, of Burnside Law Firm, filed three different notices for his four clients in the case. One notice was filed on behalf of Francisco and Traqwon Berry, who claim they were injured trying to save Melquan.

“(Francisco) tried to get Melquan off the fence, by grabbing Melquan, he was shocked from the electricity that was in Melquan,” he said. “He did get electrocuted and spent some time in the hospital as well.”

Williamson also filed notices for Damien Patrick and Namon Brackins. According to the notices, their claims include medical bills, pain and suffering, personal injuries, emotional distress, permanent disability, punitive damages and all other damages from the incident.

The injuries sustained were caused due to “acts or omissions of directors, agents and/or employees” that include “negligence in performing assigned duties, inefficiency in performing assigned duties, negligence in supervising and instructing safety and maintenance inspection, violations of county policies and procedures and other misconduct,'' according to the notices sent by Williamson. Although the Berry family is not asking for any money at this time, Williamson said they plan to meet in the next few days to have a list of demands.

“We filed one very early on,” Williamson said. “We didn’t make a specific demand, we just got all of the medical records and bills together and we are going to make a demand shortly.”

The notice does ask the city to preserve any material evidence related to the case. Williamson, who was present at inspection Thursday at Fleming Park by electricians hired by the Robinson family, said all of his clients are doing better, but still need counseling and therapy. Rob Register, who represents the Robinson family, said Thursday they are all collaborating in this case.

“We have all collaborated together, so that we can present to the city claims that we have and it’s up to the city how they will like to address those,” he said.