The family of Sadie Grace Andrews, a 3-year-old who died last year after falling into a grease trap at a local ice cream shop, has filed a lawsuit against Bruster's Ice Cream, the City of Auburn and several companies that were involved in designing the grease trap, installing it or maintaining it.
The Montgomery-based Beasley Allen Law Firm filed the lawsuit in Lee County Circuit Court this week on behalf of Andrews' parents, Corrie and Tracy Andrews. Sadie died in October 2017 after drowning in what the lawsuit alleges was a faulty and improperly maintained grease trap.
The 18-page complaint alleges that Bruster's, the City of Auburn and nine other named defendants engaged in wantonness and negligence when designing, installing, maintaining and inspecting the grease trap, which ultimately led to Sadie's death when she fell into the unsecured grease trap, according to court documents.
Tuf-Lite Inc., the maker of the plastic covering for the grease trap, is another defendant in the case,
The Andrews' attorney said that safety shouldn't be optional.
"This lawsuit is being filed to ensure other children do not needlessly die," said attorney J. Cole Portis. "Further, the expectation is that these entities that caused Sadie’s death will accept responsibility for their failures and become safer companies.”
Also named in the complaint is James Segrest, a Collection System Program Coordinator with the City of Auburn, who was a supervisor in the division that inspected the grease traps. The lawsuit alleges Segrest and other fictitious defendants violated standards set by the City of Auburn, and that the city is liable for any negligent and wanton acts.
Sadie had been playing with her siblings before falling into the 6-foot container used to trap used cooking grease and other solids, drowning before her parents could reach her. There were two grease-holding tanks installed in the landscaped picnic area next to the Bruster's building on East University Drive, where Saide was playing.
Court documents say Sadie was playing in the grassy area when she stepped on the hidden grease trap and fell into the pit, which was full of sludge. Attorneys for the family wrote that the grease trap cover was in poor condition. After Sadie fell in, the covering flipped back into place and no
Efforts to revive her were not successful.
“The Andrews family is a close-knit family. This family outing to eat ice cream turned into a parent’s worst nightmare and it
The complaint alleges that Sadie's death happened only because the grease trap, its cover and other parts were "unreasonably dangerous and defective." Attorneys said it was not equipped with quality materials, locking devices, guards or devices to prevent unintended entry into the grease tank.
It also alleges that the condition of the property caused the device to be hidden and an extremely dangerous trap.
Additional defendants include Frey-Moss Structures, Inc., Budget Rooter, LLC, and Eagle Creamery, Inc.
The family is seeking monetary compensatory damages, punitive damages
Alabama Gov. Kay Ivey last month signed a piece of legislation that will now require restaurants and other commercial food establishments to more safely secure their grease traps.
Sen. Tom Whatley, R-Auburn, proposed the legislation after Sadie died.
Whatley’s bill will require outside grease traps at restaurants to have a lock or security mechanism and be heavy enough to prevent accidental opening or intrusion.
After Sadie died, city officials launched an investigation into its grease trap policies and the case, which the Lee County Coroner’s Office ruled accidental, was to be put before a grand jury for disposition. The coroner said the grease trap “was not secure.”
The outcome of the case hasn’t been made public.
Before the incident, the city inspected traps — used to collect used grease and solids produced in the process of cooking — to ensure that they were regularly emptied in order to prevent the city’s wastewater system from becoming clogged.
Before Sadie's accident, Bruster’s trap was inspected in June 2017.
The Alabama Department of Public Health will soon begin conducting inspections to ensure that restaurants and establishments are meeting the new requirements.
The City of Auburn has not yet responded to a request for comment.
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Chip Brownlee, senior in journalism and political science, is the editor-in-chief of The Auburn Plainsman.
