Family sues Darrell Brooks, insurance company; claims 'emotional distress'
WAUKESHA, Wis. - There is new legal trouble for Darrell Brooks.
Brooks is already spending the rest of his life behind bars for killing six people and hurting dozens of others during Waukesha's Christmas parade two years ago. Now family that was at the parade is suing Brooks and their own insurance company.
The family claims "extreme emotional distress" and they expect their insurance policy to pay them in full.
"They looked up, after hearing screaming. Saw Darrell Brooks’ SUV racing toward them," said Jay McDivitt, the Garcia Ramirez family attorney.
Jay McDivitt, the Garcia Ramirez family attorney
Like many people in Waukesha, Nov. 21, 2021 is a day the Garcia Ramirez family will never forget. Family members were gathered on Main Street with members of their church – watching the parade go by. It turned to horror for everyone involved.
"Mom had to pull the kids out of the way to avoid having them hit directly," McDivitt said.
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Last week, McDivitt filed a civil lawsuit on the family's behalf. The filing states the Garcia Ramirez family "looked up to see bodies and band instruments flying in the air" as Darrell Brooks drove through the parade.
Six people were killed. More than 60 others were hurt.
Garcia Ramirez family
But this lawsuit is not about Brooks. Its target is the family's insurance company, Progressive.
"Progressive has not been willing to pay what we believe the family is entitled to under the law," McDivitt said.
McDivitt said the family's automobile insurance covers uninsured motorists and underinsured motorists. He said the Garcia Ramirezs could be compensated $50,000 per person and up to $100,000 per occurrence under the policy. McDivitt said Progressive only paid a quarter of that while the family of four has mounting therapy bills, lost wages and missed school days.
"Any time they are in a large group of people, any time they hear a loud noise – they are constantly scared looking around wondering what is going to happen," McDivitt said.
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McDivitt hopes this lawsuit is settled outside of court, but he is prepared to take it to trial.
As for the potential of more clients filing similar cases, McDivitt said this is the only family he is representing. The statute of limitations in these types of cases is three years.
FOX6 News reached out to Progressive and Brooks' attorney, but did not hear back.