Dani Jo Carter named in wrongful death suit filed by Diane McIve - CBS46 News

Dani Jo Carter named in wrongful death suit filed by Diane McIver's estate

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Source: WGCL Source: WGCL

It's no surprise the wrongful death lawsuit was filed against Tex McIver but Dani Jo Carter's attorney tells CBS46 Carter is shocked that she was dragged into the legal battle.

The civil action lawsuit filed in Dekalb County attacks Carter, who was driving the vehicle when Diane was shot for not calling 9-1-1.

It states:

Instead of stopping and calling 911, Defendant Carter drove to the emergency room at Emory University Hospital as instructed by Defendant Mclver.

Defendant Carter owed her passenger, Diane Smith Mclver, a duty to drive with due and care and in a safe manner at all times. On the evening of September 25, 2016, Defendant Carter broached that duty she owed to Diane Smith Mclver."

During the McIver murder trial carter testified she wanted to drive to a closer hospital. 

At McIver's sentencing earlier this week, she fought back tears remembering her best friend Diane.

In a statement to CBS46, Carter's attorney writes in part,

Being named as a Defendant alongside the man who killed her best friend was not something that she [Carter] ever imagined, and it is hitting her very hard. She thought that once the trial was over she could try to put all this behind her and try to rebuild her life, but unfortunately it looks like her ordeal is not over after all.

Diane's estate is asking a wrongful death trial be held and demanding Carter and McIver reimburse the estate for Diane's medical bills and funeral costs. A court date has not yet been set.

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