Suit Against Mohawk Dismissed

Dalton, GA, August 24--The parents of a Chatsworth, Georgia police officer who died in April 2003 when his police cruiser slammed into a partly open gate have apparently settled their wrongful death lawsuit against Mohawk Industries, according to the Dalton Daily-Citizen. Tony and Debra Martin, parents of Cole Martin, 20, dismissed their lawsuit against Mohawk, according to court records. The Martins sued after their son died while on patrol on April 25, 2003. He had driven into a parking lot at the Mohawk plant on Duvall Road to check a fence between Mohawk’s property and property nearby because of recent break ins in the area when he hit the gate as he was exiting the property. The metal arm slammed through the windshield, fatally wounding Martin, according to law enforcement accounts. Hugh Kemp, who represented Mohawk in the case, said Monday “the dismissal speaks for itself,” when asked about a settlement. “The parties have reached an agreement satisfactory to themselves,” Kemp said. The terms of any settlement would be “confidential,” he said. Several calls to Emily Brantley, the Martins’ Loganville-based attorney, went unreturned Monday. Attempts to reach Tony and Debra Martin were unsuccessful. The Martins argued in the lawsuit that Mohawk knew the gate was hazardous and hadn’t fixed it, citing two previous accidents where they said vehicles hit the gate. In a response filed with the court, attorneys for Mohawk argued Martin was to blame. They said he was driving too fast and didn’t have his headlights on. 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 stated. The gate “was plainly visible” and “no warning (signs or lights) would have been necessary under the circumstances,” Mohawk officials said. The dismissal was made “with prejudice,” meaning the lawsuit cannot be filed again.