WACO - A legal fight over liability in the case of a March 2011 accident that killed a woman in College Station is headed back to court.
Police say CSPD officer James Elkins had his emergency lights on and slowed to remove debris from Highway 6 when 79-year-old Lillie Bayless of Caldwell was behind him. A third driver, 69-year-old Laura Striegler of College Station slammed into the back of Bayless's car, forcing Bayless to hit the police car in front.
Bayless died a short time later, Elkins and Striegler were both injured.
Now Bayless's daughter is looking to the courts to find the City of College Station, Elkins, and Striegler each liable for the death. Documents show the City filed a motion for summary judgment alleging sovereign immunity which was denied, and Friday the 272nd District Court in Waco reversed a trial court's order denying the City's motion for summary judgment and remanded the case to the trial court for further proceedings.
Patricia Kahlden, the plaintiff, is suing for negligence, survival damages, and wrongful death.