Lawsuit Filed Over Cario Crosswalk Crash

The family of a Cario Middle School student, who was struck by a motorist in a crosswalk in January 2011, is suing a number of parties alleging negligence led to the youngster's injuries.

The family of Haley Rogge filed the suit in Charleston County Court last month against the driver, the Town of Mount Pleasant, Charleston County School District, Charleston County Sheriff's Office, the S.C. Department of Transportation and two neighborhood groups at Park West.

Rogge, 11 years old at the time, was struck by a pick-up truck operated by Christopher Dudley, as she walked from the middle school to her family's home at the Madison apartment complex. The girl was thrown several yards from the point of impact as her mother waited on the opposite side of the street.

In the lawsuit, the family seeks unspecified financial damages due to the child's and her mother's emotional and physical pain.

The family alleges that Dudley was speeding and was generally reckless when he struck the child. The government entities and Park West groups didn't do enough to make the intersection safe, the lawsuit alleges.

The school system and town of Mount Pleasant declined to comment on the matter. But the town erected warning lights and placed police at the crosswalk in the weeks after the accident.

The lawsuit states that the town, the school system, the sheriff and Park West had known for some time about the problems at the intersection. Unlike other crossings, this intersection did not have a crossing guard or other signage at the time of Rogge's accident.

The family's lawyer said in the complaint that all the parties had communicated about the problems at the intersection, but that no one acted on the complaints. Had the proper safeguards been taken, the accident wouldn't have happened, the suit alleges.

Dudley, through his attorney in court documents, admits to striking the girl, but denies speeding. The police initially cited speed as a factor in the crash and alleged that one motorist was already at the intersection waiting on Rogge to cross, when Dudley passed the stopped vehicle. That's when he struck the girl.

Dudley's attorney says the young girl shares some blame in the crash for not being more careful when she entered the intersection. And if the other parties are responsible, as the lawsuit claims, Dudley's attorney writes that those parties, and not his client, are responsible for the girl's injuries.