Seattle Police accused of negligence in wrongful death lawsuit of protester killed on I-5

(KOMO) — Law enforcement letting protesters stay on I-5 became a deciding factor during a court hearing Friday involving the wrongful death lawsuit of Summer Taylor.

Taylor was killed when an alleged wrong way driver drove into a Black Lives Matter march taking place July 4 in the middle of the highway in downtown Seattle.

Dawit Kelete is accused of going the wrong way on an off ramp, driving onto the highway and hitting Taylor and another protester.

The City of Seattle was asking King County Superior Court judge to prevent the argument of negligence by Seattle Police in a future trial. The claim asserted by the Taylor family attorney Karen Koehler was SPD could have prevented the accident from happening.

“I-5, an interstate highway primarily managed by Washington State, it’s not a city street," said Mark Filipini, legal counsel representing the City of Seattle.

But Koehler argued the judge should allow the negligent argument because Seattle Police had a history of routinely blocking access to the highway during protests to protect the protesters safety.

“This is negligence," Koehler said. "There is no discretion involved. There's no public duty, doctrine, any specific thing in involved, this is simple negligence."

While not agreeing with the argument, King County Superior Court Judge Judith Ramseyer ruled there are enough facts showing the negligence argument can be used in the case.

“Demonstrators were allowed to occupy I-5 and protest on I-5 for 19 days in a row," Ramseyer said. “All traffic was restricted while the protesters were there. Law enforcement restricted the protesters from using ‘shield’ cars while they were on i-5 that would have given them an extra buffer of protection from errant drivers.”

Washington State Patrol would often close I-5 through downtown went a march was nearby because of the proclivity of marchers to venture onto I-5. WSP and SPD routinely would not stop the marchers from doing that would always force a closure of the highway.

“There’s speculation that those things may have lulled the protesters into a sense of security," Ramseyer said. “I do find that they (plaintiffs) have allege sufficient facts to maintain the claim of negligence.”

The wrongful death claim is just one part of what both sides in the case called a ‘large and complex’ case that involved 53 people claiming they were injured by law enforcement during several protests. The case has yet to go to trial.