BEAUFORT CO., SC (WTOC) - A mother is suing a staffing agency in a 2012 wrongful death lawsuit in the Lowcountry.
Rebecca Delaney's 28-year-old son, Justin Miller, was killed instantly when a Marine, driving a stolen firetruck, ran over him.
Kalvin Hunt escaped from the Beaufort Naval Hospital right before he stole the Port Royal firetruck. Miller's family blames the hospital's employees for Hunt's escape, and Miller's death.
Tuesday, the judge spent most of the day trying to weed out anyone who may be related to the case during the jury selection process. This case involved many people, multiple doctors, nurses, and folks who were also struck by Hunt's wild firetruck ride.
"Mr. Hunt suddenly ran away from Mr. Ray, removed some items of clothing and ran out of the Navy base pass the front security gates," said Judge Diane Goodstein.
According to Judge Goodstein, Rebecca Delaney believes her son was killed because Kalvin Hunt was able to escape while under supervision at the Naval Hospital.
"Mr. Hunt then stole a fire engine that was parked at a nearby apartment complex. Drove down Ribaut Road causing multiple motor vehicle accidents and, eventually, struck and killed pedestrian Justin Nicolas Miller," said Judge Goodstein.
Last year, Hunt was found not guilty by reason of insanity. The judge says Delaney and her lawyers believe the hospital employees are at fault because he was under their care when he ran Miller over.
Delany is suing CasePro Inc., the staffing agency for the hospital.
"Plaintiff contends that those individuals were employees of defendant CasePro Inc. and that defendant CasePro Inc. is negligent for their actions in a number of ways," said Judge Goodstein. "The defendant CasePro Inc. contends that the Department of the Navy was the true employer of the doctor and the nurses, by having sole control over the manner and method of activity of the ER or emergency room doctors and nurses in the emergency department."
Once the jury is chosen, they will decide if CasePro is responsible for Millers death.
Delaney's lawyers have not said how much money they are suing for.
WTOC will continue to follow this trial as it develops throughout the week.