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Letter to the editor

Lawsuit filed for teen girl injured in accident

Her pelvis and pubic bones were broken and her best friend was killed.

By CRISTINA SILVA, Times Staff Writer
Published October 31, 2007

ST. PETERSBURG- On the night she nearly died, Samantha Murray wanted to help her best friend celebrate his 12th birthday.

The pair picked out a gift at Wal-Mart and were walking home along 34th Street S. The sidewalk was blocked by construction, so the youths stepped out into the dark street. Suddenly, a sport utility vehicle slammed into Samantha and her friend, David Pierce.

The impact of the crash left an imprint of her frame on the vehicle. Her body was thrown into the air. Her pelvic and pubic bones were broken.

Still, she was lucky.

David didn't make it. He died at the hospital that night in July 2006.

Now, more than a year after the accident, Samantha is still dealing with the aftermath of the car accident that took her friend's life.

The 17-year-old is walking, but doctors are unsure if her fragile pubic bone will allow her to ever carry a pregnancy to full term, said Pat Anderson, a St. Pete Beach attorney representing the Murrays.

"She feels guilty that she should have been the one that was killed. It is survivor's guilt," Anderson said. "They were best friends. It has been emotionally devastating for her."

In August, the Murray family filed a lawsuit seeking full damages against the driver of the SUV, Jeffrey Todd Montgomery, and the various construction companies and landowners responsible for the blocked sidewalk.

The lawsuit states the accident would not have happened if the construction companies had not blocked the sidewalk on 34th Street S, near 42nd Avenue S, where Samantha and David were walking. The companies did not have a permit to close the sidewalk, the suit alleges. A hearing has not yet been set.

Montgomery, now 36, was sentenced to three years in prison and five years' probation earlier this month. His driver's license was revoked for life.

After Montgomery's Chevrolet Blazer struck the two youths, he didn't stop. He parked on a nearby street and went to a friend's house. Police found him the next day.

James Murman, an attorney for the companies named in the Murray lawsuit, including Carrollwood Regency Corp., Carrollwood Regency LLC, Bayway Hop 34, and BayWay Management, declined to be interviewed for this article.

But shortly after the lawsuit was filed, Murman sent a letter to the city of St. Petersburg claiming the car accident occurred because nine street lights in the area were not working.

City officials said they have an agreement with Progress Energy that states the utility company is responsible for maintaining all street fixtures. A spokeswoman for Progress Energy declined to comment Tuesday.

Regardless of who is at fault, Samantha has had to suffer the consequences, Anderson said.

"The fact is," Anderson said, "no one really knows what the full extent of her injuries are going to be."

[Last modified October 30, 2007, 22:40:08]