Mother sues over graphic drunken driving photos

KNOXVILLE, Tenn. Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. – The mother of a girl who saw graphic pictures during a school presentation of her father’s death in a drunken-driving wreck is suing the school district, city and Knox County over the display.

The suit filed by Marla Higginbotham seeks $1.4 million for negligence and emotional distress after her then-12-year-old daughter saw the pictures in an Aug. 29 health class presentation by Knoxville police intended to show teenagers the dangers of impaired driving.

One of the gruesome accident photographs showed the girl’s father, William L. Cabage, who died in 2002 in a collision with a tractor-trailer on Interstate 640. He had a blood-alcohol level of 0.18, above Tennessee’s legal limit of .10 at the time, police records show. He was estranged from Higginbotham when he died.

Although the girl knew her father died in an accident, the family did not know alcohol was involved, Higginbotham has said.

In the suit filed Tuesday, attorney Gregory P. Isaacs faults the police department for failing to investigate whether any of the photos had connections to the students viewing them.

Higginbotham said the girl has been unable to return to Holston Middle School and is now being home-schooled by a teacher provided by the school system.

Knoxville Law Director Morris Kizer and County Deputy Law Director Marty McCampbell declined comment.

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Information from: The Knoxville News Sentinel, http://www.knoxnews.com