Zachary P.

Lowe (13792)
Eric W. Hinckley (13991)
James R. Jackson (15869)
LOWE LAW GROUP
310 E. 4500 S., Ste. 150
Salt Lake City, Utah
Telephone: (801) 917-8500
Facsimile: (801) 917-8484
pete@lowelawgroup.com
eric_h@lowelawgroup.com
james@lowelawgroup.com
Attorneys for Plaintiff

IN THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY,

SALT LAKE CITY DEPARTMENT, STATE OF UTAH

LaTOYA Mack, individually and as personal COMPLAINT AND DEMAND FOR

representative of the Estate of Cindreia JURY TRIAL
Europe,

Plaintiff; Case No.

vs.
Judge:
MEGAN FRANKLIN; UNIFIED POLICE
DEPARTMENT; UNKNOWN
DISPATCHER; VALLEY EMERGENCY
COMMUNICATIONS CENTER; WEST
VALLEY CITY; DOES I-V, and ROES
CORPORATIONS VI-X, inclusive,

Defendants.

Plaintiff, LaToya Mack, individually and as personal representative of the Estate of

Cindreia Europe, by and through undersigned counsel, hereby complains and alleges against

Defendants as follows:

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 PARTIES

1. Plaintiff LaToya Mack (“Ms. Mack” or “Plaintiff”) is an individual residing in

Douglas County, Colorado and is the mother of the deceased, Cindreia Europe, and serves as

personal representative of the Estate of Cindreia Europe.

2. Upon information and belief, Defendant Megan Franklin (“Defendant Franklin”) is

a resident of Salt Lake County, Utah.

3. Upon information and belief, Defendant Unified Police Department (“Defendant

Unified PD”) is a police department operating in Salt Lake County, Utah.

4. Upon information and belief, Defendant Unknown Dispatcher (“Unknown

Dispatcher”) is a resident of Salt Lake County, Utah.

5. Upon information and belief, Defendant Valley Emergency Communications

Center (“Defendant VECC”) is a Utah corporation doing business in Salt Lake County, Utah.

6. Upon information and belief, Defendant West Valley City (“Defendant West

Valley”) is an incorporated city whose police department operates in Salt Lake County, Utah.

7. DOES I-V and ROES CORPORATIONS VI-X are individuals and corporations

currently unknown but which may be added upon discovery.

JURISDICTION AND VENUE

8. This Court has jurisdiction over the parties and the subject matter of this Complaint

pursuant to UTAH CODE ANN. § 78A-5-102 et seq.

9. Venue is proper in this Court pursuant to UTAH CODE ANN. §78B-3-307.

GENERAL ALLEGATIONS

10. On the night of March 5, 2019, Cindreia Europe (“Cindreia”) laid down in the

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parking lot located at 2300 East and 3304 South in Millcreek, Utah.

11. Rodney Johnson, an employee of a nearby business, called 911 dispatch regarding

an individual laying down in the parking lot.

12. Upon information and belief, Mr. Johnson’s 911 call was routed to an Unknown

Dispatcher at VECC.

13. Mr. Johnson specifically informed the Unknown Dispatcher that there was an

individual in dark clothing laying down in the middle of the parking lot near the Zions Bank and

that he would hate to see the individual run over.

14. Upon information and belief, the Unknown Dispatcher was working within the

course and scope of her employment with VECC at the time she received Mr. Johnson’s 911

emergency call.

15. Upon information and belief, in response to Mr. Johnson’s 911 emergency call, the

Unknown Dispatcher reached out to Unified Police Department.

16. Defendant Megan Franklin, an officer of the Unified Police Department, responded

to the dispatch that she was in the area and would respond.

17. The Unknown Dispatcher informed Officer Franklin of the need for a welfare check

of an individual on the ground wearing dark clothing and provided Officer Franklin with the

address of the business adjacent to the parking lot.

18. Upon information and belief, the Unknown Dispatcher failed to relay further

information regarding Cindreia, including but not limited to, that Cindreia was laying down in the

parking lot and Mr. Johnson was concerned that she would be run over.

19. Defendant Franklin drove to the subject parking lot.

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 20. After entering the parking lot, Defendant Franklin failed to keep a proper lookout

and was travelling at an unreasonable speed and ran over Cindreia with her patrol vehicle.

21. Despite running over Cindreia, Defendant Franklin, apparently unaware that she

had run over Cindreia, failed to slow or stop her patrol vehicle, resulting in her patrol vehicle

dragging Cindreia for approximately forty-five feet.

22. Defendant Franklin turned her vehicle to the left as she turned the corner of the

Zion’s Bank, which upon information and belief, caused Defendant Franklin’s vehicle to run over

Cindreia for a second time.

23. After Defendant Franklin made the left turn, Cindreia came out from under

Defendant Franklin’s patrol vehicle.

24. Cindreia thrashed around in pain for minutes fighting for her life before eventually

succumbing to her injuries.

25. Prior to this subject accident, Defendant Franklin was formerly employed with the

West Valley Police Department where she was at-fault for numerous car accidents and damage to

her patrol vehicle.

26. Said incidents include, but may not be limited to, the following: Officer Franklin

damaged her vehicle on April 10, 2010 by running into a large rock; ran into a vehicle after

performing a U-turn on July 26, 2010; was reported speeding and weaving in and out of traffic on

March 4, 2012; hit a construction barrel with her patrol vehicle on August 27, 2013; backed her

patrol vehicle into a light pole on November 8, 2014; hit a concrete curb on December 22, 2014;

rear ended another vehicle due to “taking her eyes of the road” and injured herself for not wearing

a seat belt on February 24, 2015; and damaged her patrol vehicle due to running over large rocks

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on May 6, 2017.

27. These incidents resulted in Defendant Franklin receiving numerous letters of

reprimand and no less than 70 hours of suspension.

28. As a result of her poor driving history, Defendant Franklin resigned from the West

Valley Police Department.

29. Upon information and belief, representatives of the West Valley Police Department

failed to disclose Defendant Franklin’s dangerously poor driving record to Unified Police

Department.

30. Upon information and belief, representatives of the Unified Police Department

failed to inquire as to Defendant Franklin’s driving history prior to beginning her employment

with Unified Police Department.

31. As a result of the Defendants’ negligence described above, Cindreia Europe passed

away.

FIRST CAUSE OF ACTION

(Negligence against Defendant Franklin)

32. Plaintiff incorporates all preceding paragraphs herein and further alleges the

following.

33. Defendant Franklin’s actions constituted a breach of multiple duties of care

including, but not limited to, her duty to exercise reasonable care and to avoid putting others in

danger.

34. Defendant Franklin breached this duty by failing to maintain a proper lookout in

her patrol vehicle and/or driving at an unreasonable rate or speed resulting in her striking Cindreia.

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 35. Defendant Franklin is liable for these acts of negligence and for such other acts of

negligence as may become apparent during the course of discovery in this case.

36. As a direct and proximate cause of Defendant Franklin’s negligence, Cindreia

suffered physical pain prior to passing away.

37. As a direct and proximate cause of Defendant’s negligence, Plaintiff has incurred

economic and non-economic damages in an amount to be established at trial.

SECOND CAUSE OF ACTION

(Vicarious Liability against Unified Police Department)

38. Plaintiff incorporates all preceding paragraphs herein and further alleges the

following.

39. At all relevant times, Defendant Franklin was acting within the course and scope of

her employment with Unified Police Department.

40. Defendant Unified Police Department is vicariously liable for Defendant Franklin’s

negligence.

THIRD CAUSE OF ACTION

(Negligent Hiring/Training/Supervision against Unified Police Department)

41. Plaintiff incorporates all preceding paragraphs herein and further alleges the

following:

42. Defendant Unified PD’s actions constituted a breach of multiple duties of care

including, but not limited to, its duty to exercise reasonable care in hiring and/or retaining

Defendant Franklin.

43. Defendant is liable for these acts of negligence and for such other acts of negligence

as may become apparent during the course of discovery in this case.

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 44. As a direct and proximate cause of Defendant’s negligence, Cindreia Europe passed

away.

45. As a direct and proximate cause of Defendant’s negligence, Plaintiff has incurred

economic and non-economic damages in an amount to be established at trial.

FOURTH CAUSE OF ACTION

(Negligence against Unified Police Department)

46. Plaintiff incorporates all preceding paragraphs herein and further alleges the

following:

47. Defendant Unified PD had a duty to provide its employees with the proper training,

equipment, and tools necessary to complete all duties in a manner which prevented foreseeable

risks of injury to other persons.

48. Defendant Unified PD endorsed, ratified, or permitted to continue, unsafe work

practices of its employees, which created a foreseeable risk of injury to foreseeable plaintiffs.

49. Defendant Unified PD’s work practices violated applicable rules and regulations,

industry standards, and breached the standard of reasonable care.

50. As a direct and proximate cause of Defendant’s negligence, Plaintiff has incurred

economic and non-economic damages in an amount to be established at trial.

FIFTH CAUSE OF ACTION

(Negligence against Unknown Dispatcher)

51. Plaintiff incorporates all preceding paragraphs herein and further alleges the

following:

52. Defendant Unknown Dispatcher’s actions constituted a breach of multiple duties of

care including, but not limited to, her duty to reasonably inform responding officers of the

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information she had been provided.

53. Defendant Unknown Dispatcher breached this duty by failing to properly notify the

responding police officers that Cindreia was laying down in the parking lot.

54. Defendant is liable for these acts of negligence and for such other acts of negligence

as may become apparent during the course of discovery in this case.

55. As a direct and proximate cause of Defendant Unknown Dispatcher’s negligence,

Cindreia Europe passed away.

56. As a direct and proximate cause of Defendant’s negligence, Plaintiff has incurred

economic and non-economic damages in an amount to be established at trial.

SIXTH CAUSE OF ACTION

(Vicarious Liability against Valley Emergency Communications Center)

57. Plaintiff incorporates all preceding paragraphs herein and further alleges the

following:

58. At all relevant times, Defendant Unknown Dispatcher was acting within the course

and scope of her employment with VECC.

59. Defendant VECC is vicariously liable for Defendant Unknown Dispatcher’s

negligence.

SEVENTH CAUSE OF ACTION

(Negligence against West Valley City)

60. Plaintiff incorporates all preceding paragraphs herein and further alleges the

following:

61. Defendant West Valley had a duty to disclose Defendant Franklin’s dangerously

poor driving history.

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 62. Defendant West Valley breached this duty when its representatives failed to inform

Unified PD of Defendant Franklin’s dangerously poor driving history.

63. As a direct and proximate cause of Defendant West Valley’s negligence, Officer

Franklin was hired by Unified Police Department and allowed to drive a patrol car, resulting in the

death of Cindreia Europe.

64. As a direct and proximate cause of Defendant West Valley’s negligence, Plaintiff

has incurred economic and non-economic damages in an amount to be established at trial.

EIGHTH CAUSE OF ACTION

(Survival Action- Utah Code Ann. 78B-3-107 as to all Defendants)

65. Plaintiff incorporates all preceding paragraphs herein and further alleges the

following:

66. Cindreia experienced significant pain and suffering from her injuries caused by

Defendants prior to passing away.

67. Cindreia suffered both economic and non-economic damages due to injuries which

resulted from the Defendants’ negligence.

68. Cindreia ultimately died as a result of Defendants’ negligence.

69. Pursuant to Utah Code Ann. § 78B-3-107, Cindreia’s heirs may pursue her claims

against Defendants for the special and general damages she suffered prior to her death.

TIER DESIGNATION

70. Pursuant to Utah R. Civ. P. 8(a) and 26(c)(3), this matter falls under Tier 3 and

should be permitted discovery pursuant to Tier 3.

JURY DEMAND

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 71. Pursuant to URCP 38, Plaintiff hereby demands a trial by jury on all issues

presented herein.

PRAYER FOR RELIEF

Plaintiff prays for judgment against Defendants as follows:

1. For general damages for pain and suffering in an amount to be proven at trial.

2. For past medical expenses in an amount to be proven at trial.

3. For the loss of future earning potential.

4. For attorney’s fees and costs of suit herein.

5. For pre and post judgment interest.

6. For such other relief as may be deemed fair and equitable under the circumstances.

SIGNED and DATED this 13th day of November, 2019.

LOWE LAW GROUP

/s/ Eric Hinckley

PETE LOWE
ERIC HINCKLEY
JAMES R. JACKSON
Attorneys for Plaintiff

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