In an unusual wrongful-death lawsuit, the mother of a man who was shot and killed last year is suing her son's friend and the man accused of shooting them both.
Vickie Waugh, the mother of Jerry Waugh, who was shot in the head Sept. 19, 2010, and died the next day, is seeking an undetermined amount of punitive and compensatory damages from Darnell Farrier, who was charged with murder in the slaying.
She also is suing Jerrod Vice, her son's friend, who owned the sport-utility vehicle where the shooting happened. The lawsuit, filed Sept. 15, alleges that Vice was negligent in allowing Farrier to get into the vehicle.
"Our theory is that it was certainly negligent of him to go into a high-crime area and let this fellow into the car," said Joe Childers, Waugh's attorney.
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Jerry Waugh was a passenger in Vice's SUV when Vice picked up Farrier near Kenton Street between Fourth and Fifth Streets. Farrier robbed and shot both men, the lawsuit says.
Police have said the shooting was drug-related, but Waugh's family maintains that Waugh did not realize that Vice and Farrier were meeting to conduct a drug transaction.
"Based on the information we have, the driver was engaged in a drug transaction ... and Jerry Waugh had no knowledge of that," Childers said. "Certainly he put Jerry's life in danger by engaging in that kind of behavior with a known criminal."
Both Waugh and Vice were shot in the head, but Vice's injuries were apparently minor. He survived and identified Farrier as the shooter, police have said. Police arrested Farrier several days later and charged him with murder, first-degree assault, first-degree robbery and possession of marijuana.
Vickie Waugh also is suing on behalf of Jerry Waugh's three children — an 11-year-old son and 9-year-old twin girls.
Because of the conduct of Farrier and Vice, the children "have lost the love, affection, companionship, services, assistance, aid and society of their father," the lawsuit says.
Vickie Waugh has described her son as a dedicated father who worked as a cook at the University of Kentucky to support the children. She said her son, who lived in Paris, came to Lexington the day of the shooting to go shopping with one of his children. The shooter stole $500 that Jerry Waugh had brought with him to buy school clothes, she said.