Father of victim in Saturday’s fatal crash on Demonbreun sues driver, vehicle owner

Thursday, December 15, 2011 at 1:48pm

Jeffrey Melburn Brooksher is suing the driver and passenger of a vehicle that police have said struck and killed his 22-year-old son last weekend.

The wrongful death lawsuit, filed in Davidson County Circuit Court by Nashville attorney Bart Durham, claims negligence by Trevor Bradshaw and Erin Brown led to the death of Brooksher’s son, and seeks $10 million in damages.

According to the suit, Jeffrey Michael Brooksher was standing in the median of Demonbreun Street on Dec. 10, when a Scion driven by Bradshaw, 23, hit him. Bradshaw, allegedly drunk, fled the scene but later surrendered to police.

Jeffrey Michael Brooksher, a Greenbrier resident, died from his injuries on Monday at Vanderbilt University Medical Center.

Bradshaw and his girlfriend, Brown, 21, were both arrested on counts of vehicular homicide by intoxication on Tuesday.

Melburn Brooksher, a Madison resident and Michael Brooksher’s biological father, filed the lawsuit Thursday morning.

The suit asks for compensation for damages related to the “pecuniary value” of Michael’s life, his pain and suffering, loss of enjoyment of life, lost earning capacity, medical expenses, funeral expenses, and other damages.

13 Comments on this post:

By: Rasputin72 on 12/15/11 at 1:03

This is when a DUI case should be prosecuted. I find it hard to see the crime in being drunk and not harming anyone. It is a travesty like this that should bring the house down on the those driving intoxicated.

By: Jughead on 12/15/11 at 1:19

Barf Durham?

Sheesh.

By: Jughead on 12/15/11 at 1:21

You can ask for 10 trillion dollars, but if insurance is only 25k you lose. Driver probably doesn't have two nickles.

Barf makes a little change, though, and can finance another classy commercial.

By: spooky24 on 12/15/11 at 2:45

After reading the arrest report there were no witnesses until after the fact however like always neither person knew to keep their mouth shut.
This could be a clue as to why this was filed so fast. All the statements made by both defendants were made without acknowledging they understood their rights to say nothing.
Since no one actually saw the crime and their statements are hearsay the lawsuit was filed to get the minimum allowed from the insurance company because more than likely the case will be pleaded.
As far as Ms. Brown is concerned the affiliated says clearly she admitted giving him the keys because she was to drunk to drive. Again, she was not given her rights to stay silent.
One third of the minimum allowed of 25,000 will be around $8500 and the ambulance chasing lawyer will get a nice payday for one days work.
Interesting case of either sloppy police work or an arrest affiliated that was poorly written and lacking meaningful details.
These cases are so tragic and sad. Everyone loses except the lawyer. His father must be torn to pieces- I know I would be.

sp

By: PKVol on 12/15/11 at 3:51

@ spooky24 - so torn up, in fact, that he has filed a civil suit less than one week after this event. I'm sure we'll see Mr. Brooksher in a Bart Durham television ad some time in the future - "enjoying life" amid his "pain and suffering". As for the loss of earning capacity, how does that affect Mr. Brooksher? Was he in a position to benefit from his son's future earnings?

The fact that this lawsuit has been filed, eliminates the need to show compassion for the vicitm and family.

By: BenDover on 12/15/11 at 4:43

That's what I was thinking PKVol though I would end my point short of a lack of compassion for the victim and family.

By: rickmuz on 12/15/11 at 6:45

@Raspitun... so let me get this straight; as long as you don't hit, injure or kill someone driving drunk is okay in your book? I am sure dude did not think he was drunk enough to RUN OVER TWO PEOPLE IN THE FREAKIN MEDIAN when he got behind the wheel, but ooops guess what? HE DID

By: rickmuz on 12/15/11 at 6:47

Lawsuit filed fast? The kid just died on Tuesday. and what exactly s wrong with filing this lawsuit so quickly? I don't get the point.

By: atty00767 on 12/15/11 at 10:14

spooky 24: Your post makes absolutely no sense. The arrest report never contains a summary of the facts. The only documents that contain a summary of the facts are the incident reports and the affidavit. Two of the three affidavits read as follows:

On December 10, 2011, Mr. Bradshaw was the driver of a vehicle which was involved in a hit & run accident. Witnesses stated Mr. Bradshaw struck 2 pedestrians and then struck a taxi cab. The 2 pedestrians were transported to Vanderbilt Medical Center for treatment. Mr. Bradshaw fled the scene and was brought back to the scene by 2 witnesses. Mr. Bradshaw again fled the scene prior to the police arriving at the scene. Mr. Bradshaw did not leave his information with anybody prior to fleeing the scene.
AND
On December 10 201, Mr. Bradshaw was the driver of a vehicle which was involved in a hit & run accident. Witnesses stated Mr. Bradshaw admitted to them that he had been drinking and he was drunk. A female passenger (in Mr. Bradshaw's vehicle) stated they had both been drinking, and he was drunker then she thought he was. During the course of the crash, the vehicle Mr. Bradshaw was driving struck 2 pedestrians. Mr. Brooksher was one of the pedestrians struck. Mr. Brooksher was transported to Vanderbilt Medical Center for treatment to his injuries. On December 12th 2011, Mr. Brooksher succumbed to his injuries and was pronounced deceased at 1102hrs.

There were witnesses to the accident, statements by defendants are admissible in a criminal case and fall under a hearsay exception, and law enforcement doesn't have to read a person their rights until they are placed under arrest. There is no sloppy police work, or poor documentation on the part of the police.

If the witnesses who cared enough to make sure Mr. Bradshaw was held accountable are reading this, thank you so much for being good citizens. The family of the victims greatly appreciate your help and if there is anything good that comes out of this, it is your heroic actions. God bless you all.

By: NewYorker1 on 12/16/11 at 9:13

OMG! What will I wear to the hearing?

By: RTungsten on 12/16/11 at 9:44

Hard to believe there are no witnesses to this. There are always folks in that area, especially during the drunk after hours. $10mil will make another good commercial for Barf Durham. Sad for the loss regardless. That crossstreet is kinda dangerous, no matter how many flashing lights they add to it.

By: yucchhii on 12/16/11 at 9:47

yucchhii I had a very close friend in 1974 was killed by a drunk driver. He had just graduated from high school. He was on the highway at night and had a couple friends with him. Something was wrong with the rear end of the car and he pulled over to the beakdown lane. He got out and went to the rear of the car to look what was wrong when he was CRUSHED between the two cars. I say HANG them, then shoot them, then CRUSH THEM!!! Then I'll think of something else that can be done to them!! Later in 2006, in Virginia Beach, Virginia, two girls were killed by an "ILLEAGLE" alien from Mexico. They hadn't even graduated from school yet. They were at dead stop waiting for the red light to turn. A DRUNK ILLEAGLE MEXICAN kareemed into the rear of they're car at 60 mph. ALFREDO RAMOS is the dudes name. He was slapped on wrist two previous times for DUI and NOBODY checked his "CITIZEN STATUS" They WERE talking about deporting him, BUT then NOTHING would have happened to him, he would have gone FREE. The leader of the local MADD was also a lawyer and stopped that REAL QUICK!! He will suffer the consequences HERE IN THE USA!!! So, These CLOWNS NEED TO BE SERIOUSLY PUNNISHED!!

By: jambenp on 12/16/11 at 10:47

Whatever truly occurred here the courts will settle out the important fact is a life has been lost and others have been scared for the remainder.

A more constructive conversation here would be turned to the fact that Nashville has a burgeoning night time party scene in the "Gulch/Demonbreum/Division/Broadway" area with a large and increasing amount of foot traffic which is not being properly planned for or monitored. It is great the area is prospering, Nashville is embracing the urban lifestyle and people have a place to go. But, the sidewalks and infrastructure in many cases are inadequate to handle the increased foot traffic, cross-walking is not being monitored and enforced, police foot patrols are minimal, and the area, which is beginning to rival lower Broadway in pedestrian traffic is a disaster waiting to happen. OOPS IT JUST DID !!!

The section of Demonbreum from the I-65 to Music Row Circle, and Division Street from Music Row Circle to its termination at Broadway are extremely dangerous to both pedestrians and drivers. Yet we have a planning department who's policy encourages street edge development with in adequate sidewalk space for the increasing foot traffic in the Division/Broadway area. In addition the cross-walking on Demonbreum is insane. Few use the clearly marked cross-walks and people frequently dart across traffic and the landscape medium to parking across street. Add alcohol and we have today's story. Actually today's could have easily happened without alcohol (it that out of hand).

Its great we have growth in this area. But if we are going to encourage urban growth and this type of "night life" district then lets commit the proper plan and resources to make it as safe as possible for everyone so other sets of parents don't have to grieve the lost of a child and the pain all involved will live with.