Family of crash victim sues county
By TIM GULLA Ledger Staff Writer tim@gaffneyledger.com

The estate of a Moore man killed in a March 2007 crash has filed suit in Cherokee County Court against the Cherokee County Department of Public Works, claiming a roadway defect led to the man's death.

Kyle Thomas McCulloh, 30, died in the emergency room at Spartanburg Regional Medical Center following a March 17, 2007, wreck on North Green River Road. The accident occurred when McCulloh's car went off the right side of the roadway and then ran off the left side of the roadway, where it struck an embankment and trees.

A Gaffney Ledger story published on March 19, 2007, indicated South Carolina Highway Patrol troopers had said McCulloh was traveling 65 mph in a 45 mph speed zone at the time of the crash.

A lawsuit filed by his estate claims the shoulder of the road was hazardous and unreasonably low; that the shoulder of the road was inadequately maintained and was in unsafe condition; and that Cherokee County's Department of Public Works provided no warning or notice to drivers of the unsafe conditions.

Among the allegations in the suit, the estate claims the county's Department of Public Works was negligent in failing to grade the shoulder of the road so the shoulder and road surface met evenly and that the shoulder sloped gradually; in failing to have a proper plan for inspecting road shoulders and making repairs; in failing to warn of a low shoulder; and in failing to correct defects within a reasonable time.

The suit seeks unspecified damages for McCulloh's wrongful death, funeral expenses, and medical expenses as well as mental shock and suffering, grief, loss of income and loss of companionship.