Mohawk Disputes Suit

Chatsworth, GA, Sept. 26--A police officer's April death at a Mohawk Industries plant here was his own fault, attorneys for the company say, according to the Daily-Citizen. Jonathan Cole Martin, 20, was on patrol April 25 around 1:10 a.m. when he drove into a metal gate at the Mohawk plant on Duvall Road. The gate pierced the windshield and struck Martin just under the chin, killing him. A Mohawk guard saw the accident and called 911. Martin's parents, Tony and Debra, filed a wrongful death lawsuit in Murray County Superior Court last month charging Mohawk knew from two previous accidents that the gate could strike a car's windshield but did nothing to fix it or make it visible to drivers. In a response filed by Mohawk attorney Hugh Kemp, the company denies responsibility for Martin's death and says the officer brought the accident on himself. Martin "could have avoided any alleged negligence of the defendant had he been in the exercise of ordinary care for his own safety," the response states. The gate "was plainly visible" and "no warning (signs or lights) would have been necessary under the circumstances," Kemp says. The response questions Martin's need to enter the Mohawk parking lot. He was checking a fence between the plant and D&D Mini Warehouses, which had suffered several recent break-ins. The response suggests he was driving "too fast under the conditions" with his headlights off. Emily Brantley, attorney for the Martin family, said none of that's true. "Cole Martin was not negligent in any fashion whatsoever," Brantley said. "This defense won't be supported by the evidence." Two men, Earnest Ridley and Derrick Maddux, reportedly had similar accidents in 2000 and 2002, although neither was injured. Mohawk attorneys say the company tried to fix the gate after Maddux's accident by installing latches, a chain and a stouter post to keep it from swinging into the paths of vehicles. Brantley said those repairs weren't enough. "The measures Mohawk claims it took did nothing," she said. The response also accuses the Chatsworth Police Department of withholding evidence from Mohawk attorneys, saying police refused to let the company's experts inspect Martin's car. Police "denied access to the vehicle, refused to reveal the location of the vehicle, moved it to a place unknown to the defendant, and disposed of the same," the response states. City officials say that's because the car was sold shortly after the accident by the city's insurance company, Georgia Interlocal Risk Management Association. Kemp says that sale destroyed evidence and robbed Mohawk of the right "to determine critical facts about the accident which may not otherwise be determinable." Police Chief Terry Martin, Cole Martin's uncle, wouldn't comment on those charges. The response denies the family's right to sue Mohawk, citing the traditional fireman's rule used by courts that bars police or firefighters from collecting damages on injuries suffered while doing their duties. Brantley said the rule doesn't apply in Martin's case, since he wasn't responding to a call from the company. Brantley hasn't asked for specific damages but said they could range into the millions of dollars. Attorneys plan to start taking depositions in October. The earliest the case could go to trial is next spring, Brantley said.