COBB COUNTY, Ga. — The family of a KSU student killed when a driver plowed through a restaurant has filed a lawsuit.
William Barton died after police say a driver lost control of her car and slammed into the Buffalo Wild Wings in Cobb County where Barton was eating with his roommate on Feb. 6.
Channel 2 Action News learned William Barton’s family filed the suit Friday. They are suing the restaurant, the owner of the strip mall and the driver of that vehicle, Carol Shipley.
The Barton family says the defendants had a duty to identify hazards, including reasonable and safe protections against foreseeable dangers like storefront crashes.
The Barton family says in their lawsuit something as simple as a concrete post could've prevented the accident.
The suit says, the defendants had actual knowledge of the dangers of store front crashes and despite this actual or constructive knowledge, defendants failed to take proper corrective action to reduce or eliminate the hazards.
The driver has not been charged in this case. We called the Barton’s families attorney, as well as the attorneys for the restaurant and the owners of the strip mall. We have not heard back.