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Friday, Sep. 03, 2010

Judge hears testimony in wrongful death lawsuit

- awomack@macon.com
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Lawyers representing the family of a 21-year-old woman who was killed in a collision with a drunken pizza delivery driver presented evidence Thursday during the trial of a wrongful death suit.

Brittney Higdon, of Trails End Drive, died about an hour after the May 17, 2008, crash near the intersection of Hartley Bridge and School roads.

At the time of the crash, Higdon was attending college, with plans of becoming a high school history teacher, friends and family members testified in Bibb County State Court.

Francis Rushing, an economist and consultant, testified that the economic loss caused by Higdon’s death amounted to about $2.6 million.

Lawyers representing Higdon’s family argued for compensation in the case of two to three times the $2.6 million, plus compensation for pain and suffering, as well as medical and funeral bills and the value of Higdon’s car.

“The noneconomic value of her life far exceeds the economic value of her life,” said Chris Clark, one of the Higdons’ attorneys.

Ian Andrew Nichols, 25, of Goodall Mill Road, is serving an eight-year prison sentence for Higdon’s death. He pleaded guilty to vehicular homicide in 2009.

Nichols was working as a Domino’s Pizza deliveryman at the time of the crash. His blood-alcohol content measured 0.122, and he tested positive for marijuana.

Nichols’ lawyer, J.C. Daniel, didn’t contest Nichols’ liability in the crash, but he contended that a judgment of between $1.25 million and $1.75 million would be fair in the case.

Nichols did not attend Thursday’s court session out of respect for the Higdon family, Daniel said during opening statements.

He quoted Nichols as saying, “I never want to do nothing to hurt them again.”

State Court Judge William P. Adams said he would issue a ruling in the case within the next week.

On the night of the crash, Higdon and Nichols were both driving on Hartley Bridge Road. Higdon was headed east away from Interstate 475, and Nichols was driving west, Clark said during his opening statement. At some point, Nichols crossed over the center line and struck Higdon.

Firefighters testified that it took about 20 minutes to get Higdon out of the car.

At the time, Higdon was a day care worker at Kuntry Kiddie Day Care Center on Thomaston Road by day and a student at Macon State College at night.

“She was a very good teacher,” testified Kim Seymour, the center’s director. “The children absolutely loved her.”

Ricky Higdon said his daughter was a focused young woman. As long as he could remember, she had talked about becoming a teacher.

“Brittney was naturally drawn to kids. She loved working with kids,” he said. “She was always very goal-oriented and she always accomplished her goals.”

Information from The Telegraph’s archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398.




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