MARSHALL – While he was responding to a domestic disturbance call with emergency lights and sirens activated, Marion County Sheriff's Deputy Dale C. Sherrill was killed when his patrol car was struck by another vehicle.
Sandra Annette Sherrill -- individually and as representative of his estate and next friend to three minors -- filed a wrongful death lawsuit against Star Fleet Inc. on Oct. 15 in the Marshall Division of the Eastern District of Texas.
According to the complaint, deputy Sherrill was a 10 year veteran of law enforcement.
Perry Jay McClure, an employee of Star Fleet, was driving the vehicle that hit the sheriff's deputy. The lawsuit alleges that the driver failed to obey traffic laws, failed to yield the right of way to a police officer and failed to operate the vehicle in a safe and cautious manner.
Local accounts state that Sherrill's patrol car was broad sided as he crossed the intersection of U.S. Highway 59 and State Highway 49.
On behalf of the deceased, the plaintiff is seeking damages for disfigurement, conscious physical and emotional pain, torment, mental anguish, emotional distress, medical, funeral and burial expenses.
The plaintiff is also seeking damages for loss of care, maintenance, support, services, advice, counsel, reasonable contributions of a pecuniary value, loss of companionship and society, loss of consortium, emotional distress, mental anguish, loss of inheritance and attorney's fees.
Dallas attorney E. Todd Tracy of The Tracy Firm is representing the plaintiff.
U.S. District Judge T. John Ward will preside over the litigation.
Case No 2:09cv00320