Toomey, 16, at the time, was driving a 1999 GMC Jimmy that overturned on Kushla McLeod Road in Prichard. The roof caved in, breaking the teenager’s neck and leaving him a quadriplegic, the lawsuit states. The lawsuit says in part that GM was negligent because the roof collapsed, and the seat belt Toomey was wearing allowed too much body movement. It says the county and Prichard were negligent because a sign that had warned of the curve where the crash occurred was hanging upside down the night of the crash, thus pointing in the opposite direction of the curve.
Richard Taylor, attorney for the Toomey family, said Toomey was obeying the speed limit and had not consumed any alcohol prior to the crash. Taylor said the truck was going 25 to 30 mph when the accident occurred.