Patricia “Dani Jo” Carter (Pool photo: Reann Huber/AJC)Tex McIver, Dani Jo Carter Hit With Wrongful Death Lawsuit
The court-appointed administrator of Diane McIver's estate has authorized the lawsuit against McIver's husband and the sole witness to the shooting.
May 25, 2018 at 12:13 PM
3 minute read
The court-appointed administrator of Diane McIver's estate is suing not only her husband, who shot her to death, but also McIver's best friend and sole witness to the shooting.
Estate administrator Mary Margaret Oliver, a Decatur attorney and state representative, authorized the wrongful death suit, which names Diane McIver's husband, former Fisher & Phillips partner “Tex” McIver, and Dani Jo Carter as defendants. The suit was filed on behalf of Diane McIver's estate by Atlanta attorney Robin Frazer Clark on May 15 in DeKalb County State Court.
Oliver was appointed the estate's administrator last July after Tex McIver was charged with his wife's murder.
Tex McIver was sentenced to a parolable life sentence Monday for the 2016 murder of his wife. McIver fatally shot her while he was sitting in the back seat of the couple's SUV as Carter drove them home from a weekend at their 85-acre ranch southeast of Atlanta.
McIver, who earlier had asked his wife to hand him a revolver he kept stored in the SUV's console, fired the single shot through the front passenger seat where Diane McIver was sitting while the SUV was stopped at a traffic light across from Atlanta's Piedmont Park.
Neither Oliver nor Clark could be reached for comment. But last month, attorney Ken Rickert—a trustee for Diane McIver's estate and general counsel to U.S. Enterprises where she was the company president—told The Daily Report the estate was pursuing a claim against Tex McIver's auto insurance policy. Clark confirmed at the time that she was hired to handle that insurance claim.
The suit contends that, after Tex McIver shot his wife, Carter, “instead of stopping and calling 911” drove to Emory University Hospital's emergency room at Tex McIver's direction.
The suit accuses both Tex McIver and Carter of negligence. It contends that Carter owed Diane McIver, “a duty to drive with due care and in a safe manner” and that she allegedly breached that duty.
On Friday, Carter's attorney, C. Lee Davis, said she “was not surprised” the estate filed a wrongful death suit. But, he added, Carter “was shocked to learn that she was being named as a co-defendant with Tex McIver.”
“Being named alongside the man who killed her best friend was not something that she ever imagined, and it is hitting her very hard,” Davis said. “She thought that,once the trial was over, she could try to put all this behind her and try to rebuild her life, but unfortunately, it looks like her ordeal is not over at all.”
Read the lawsuit:
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Insurer Not Required to Cover $29M Wrongful Death Judgment, Appeals Court Rules
After 2024's Regulatory Tsunami, Financial Services Firms Hope Storm Clouds Break
Trending Stories
- 1Lawyer’s Resolutions: Focusing on 2025
- 2Houston Judge Exonerated on Appeal, Public Reprimand Vacated
- 3Bar Report - Dec. 30
- 4Employment Law Developments to Expect From the Second Trump Administration
- 5How I Made Law Firm Leadership: 'It’s Imperative That You Never Stop Learning,' Says Ian Ribald of Ballard Spahr
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
