Frankie Bell, 39, of Opelika, has filed a civil suit against the driver of the 1994 Chevrolet Cavalier that injured her and killed COSAM Dean Marie Wooten Nov. 5, 2010.
Mark David Sawyer, 58, is the defendant named in the lawsuit filed by law firms McCollum, Crutchfield and Wilson, P.C. and Beasley, Allen, Crow, Methvin, Portis and Miles, P.C.
"He was the gentleman driving the car that hit Mrs. Bell," said attorney Wes McCollum.
Bell and Wooten were jogging across South College Street at Donahue Drive and were struck at approximately 5:45 a.m.
"The defendant was headed south on College Street--headed out towards the interstate--and that's when the two of them were hit right there in that intersection," McCollum said.
McCollum said Bell is suing for damages inflicted from the accident.
The civil suit filed against Sawyer includes a negligence charge and a wantonness charge.
"Until we have done some discovery and have determined if there are any other additional charges that are warranted, that's all that there is at this point," McCollum said.
Julia Beasley, partner and attorney at Beasley Allen, said Bell is still unable to walk and has not been back to work as a math teacher at Loachapoka High School.
"She is still in a wheelchair," Beasley said. "She is one tough cookie. They wanted to amputate her legs, and she said, 'No.'"
Bell is undergoing weekly physical therapy and will need more surgery on her right leg and shoulder, Beasley said.
The lawsuit was filed Dec. 30, 2010, and a scheduling conference has been set for March 1.
Lee County Circuit Court Judge Jacob Walker III will preside.
The case will also be presented to the grand jury, McCollum said.
A grand jury is a panel of people who determine whether there is enough evidence to begin a criminal trial.
"Normally when there's a death like that, the cases will be presented to a grand jury just for the grand jury to look at them and determine if there was any criminal activity," McCollum said. "So even though you have kind of an accident situation, they will get presented because there was a death."
The civil suit process usually takes 15 to 24 months in a Lee County court, McCollum said.
"Our jurisdiction works pretty quickly compared to some others around the state.
"Our judges do a good job of keeping our dockets moving and getting the cases heard fairly quickly."
McCollum said he has no knowledge of a suit filed by Wooten's family.
An event called an empowerment program was held Jan. 29 in honor of Bell at the True Deliverance Holiness Church on Donahue Drive in Auburn.
"(The empowerment program was) designed to invite anybody who's been through a tragedy like this to come out and just show community support and also to help bring out more driver awareness in the community to protect pedestrians," Beasley said.
The AU Gospel choir performed, and money was raised to help pay for Bell's medical expenses.
Mayor Bill Ham, superintendent Stephen Nowlin and Bell's bishop, Nolan Torbert, spoke at the event.
Bell was recognized for her perseverance.
Beasley said Bell is a strong-willed, determined person who is giving her all to getting back on her feet and back to work.
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