ALBANY, GA -
The family of an Albany Police Officer killed in a car crash last October plans to file a lawsuit against Ford Motor Company.
The Flemming family attorney says he thinks Officer Flemming's death could have been avoided, and they are preparing a lawsuit saying the Ford Police Interceptor was at fault.
He plans to file suit once his investigation is complete.
The 2011 Ford Crown Vic Police Interceptor burst into flames when it collided with another Police Officer's cruiser during the chase of two armed robbery suspects. 36 year old Officer Terry Lewis-Flemming died a short time later. Her family has hired an Atlanta attorney, and his firm is preparing a product liability lawsuit against the car manufacturer, Ford Motor Company.
Attorney Yehuda Smolar said, "We have conducted an in depth investigation. And essentially what we are coming up with is that the vehicle should have protected Corporal Flemming much better than it did."
Smolar says that there appears to have been mechanisms in the vehicle that failed, contributing to her death.
"You had a high speed chase. It's totally foreseeable that you will have a high speed chase in a police vehicle, being sold specifically for that purpose. And she was in the line of duty, and she should have been better protected while she was in the vehicle that allowed that to happen," Smolar said.
The police cruiser Officer Flemming was driving remains in the custody of the City Attorney.
"There is no liability on the city's part in this case, but we are willing to cooperate with anybody who wanted to see the vehicle or whatever. So we've been glad to make it available to him as the attorney for the family," Albany City Attorney Nathan Davis said.
Smolar says the Flemming family is pursuing the lawsuit to protect other Police Officers. "The family has decided to do it because they don't want to see anybody else on the police force in Albany or anywhere else have 3 children left as orphans an a husband who is left a widower."
We asked Ford for a comment, and they said "Ford would not be able to comment on a potential case that has not been filed yet.".
The Flemming family attorney says they are concluding their investigation. One thing they are waiting on is the final autopsy report. And within the next couple of months plan to file the lawsuit in Dougherty County.
The attorney did not say what kind of money or compensation they would be seeking from Ford in the pending lawsuit.
The two suspected armed robbers Flemming was chasing, 22 year old Kentrell Butler and 22 year old Wesley Wilkerson, are charged with murder.
The two police cars collided with one another at East Residence and Blaylock Avenue during the chase.
Flemming's patrol car burst into flames. A second officer, Greg Batson, was injured but survived. Officer Flemming is survived by her husband and three children.
CNN/Money reports that Since 1979, almost 10 million Crown Victoria, Mercury Grand Marquis and Lincoln Town Cars -- so-called Panther Platform vehicles -- have been sold. The line was discontinued in September of 2011.
PScars.com reported that the Crown Victoria accounted for 70 percent of patrol car sales through last year.
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