Judge To Decide On Motion To Dismiss Plush Lawsuit

(Cincinnati) - A judge will decide on a motion to dismiss a wrongful death lawsuit against Cincinnati, the former city manager, two police officers and two 911 operators on January 22.

This suit was filed by the family of Kyle Plush, the 16-year-old who was crushed in his mini van outside Seven Hills High School last April. Kyle called 911 twice for help before dying.

Judge Robert Ruehlman heard statements from both the Plush family attorney and the city's attorney today. The initial lawsuit says the 911 operators and police officers named in the suit "acted negligently, recklessy, wantonly, willfully and with deliberate indifference," when they didn't locate Kyle.

Cincinnati has filed a motion to dismiss the suit, saying employees named are protected by government immunity.

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