CINCINNATI (AP) —
An Hamilton County judge decided Wednesday to move forward with a wrongful death lawsuit filed by the family of Kyle Plush.
The 16-year-old Seven Hills student died on April 10, 2018, when he was trapped by a folding seat in the back of a minivan parked in a lot across from his school.
Despite desperate calls to 911 by the teenager, Plush was not found until six hours later by his father. He was unresponsive in the van and pronounced dead a short time later.
Hamilton County Judge Robert Ruehlman rejected a motion to dismiss the suit filed by the city of Cincinnati. Ruehlman heard legal arguments last month.
Ruehlman heard legal arguments last month but said the facts of the case stemming from Kyle Plush’s death should be determined in a trial.
The suit, filed last year, charges the city, a former city official and four city employees with actions it alleges led to Kyle Plush’s 2018 death. The lawsuit’s goals are to determine what went wrong when police were unable to locate him and to make sure it doesn’t happen again, the family said.
The city contends that the employees are protected by governmental immunity and that the lawsuit lacks merit. The city also says it has improved its 911 response system and continues to make improvements.
“This court finds that there are a set of facts presented that may allow for relief for the plaintiff,” Ruehlman wrote.
A trial date has been set tentatively for March 30.