'This wasn't an accident, this was something that could have been prevented,' Josh Mosier said. His two daughters, ages 4 and 7, died in 2020 after the vehicle they were in got swept away from the Sanes Creek bridge. KaraKenney6
Josh Mosier filed a wrongful death lawsuit against Franklin County and the sheriff’s department on Jan. 11, 2021 alleging they were negligent when they failed to notify the traveling public about the washed-out Sanes Creek bridge and roadway.
“No County funds were used to pay the settlement,” said Libby Roberts, a Fishers attorney representing Franklin County in the lawsuit, in an email to WRTV. “The insurance carrier had sole authority to negotiate a settlement and the County did not participate in the settlement discussions or process.”
Copperhead Excavating denied it was negligent and blamed an “Act of God” for the injuries and/or property damage.Josh Mosier’s ex-girlfriend Felina Lewis was driving her kids to the babysitter on her way to work the morning of March 20, 2020, when her van got swept away by floodwaters on Sanes Creek bridge.“It definitely makes it hard to sleep,” Mosier said. “It's almost like I hear them call, and I can't get to them.
Since WRTV Investigates first told you about this case back in April 2021, a lot has happened behind the scenes, including depositions of the 911 operators who worked that morning as well as the 911 supervisor. But they did not let anyone know, court documents allege. Instead, Hundley testified someone working in the call center consciously converted the 4:18 a.m. call to an I-call.
They also obtained a 5:13 p.m. call from March 20 in which Franklin County Chief Deputy Greg Mehlbauer called into dispatch to have one of his employees review the call log.Devereux believes six people would be alive today had the 911 operators followed the county’s policy to contact county highway about an obstructed roadway.
The lawsuit claims Copperhead Excavating was negligent by failing to properly place, anchor or secure the stone blocks to prevent the approaches to the bridge from washing out during times of high water. "It is a conscious disregard for the safety of others,” Devereux said. “They knew that no officer would be sent out, there would be no sheriff’s car at the bridge to block it with the lights on. They didn’t send a fire truck. There were options they could have done and didn’t.
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