Two hurt in crash file lawsuit against Fields, Kessler, others

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CHARLOTTESVILLE, Va. (NEWSPLEX) -- Two of the people who were injured in Saturday's car crash on Fourth and Water streets have now filed a lawsuit.

The plaintiffs are Tadrint Washington and Micah Washington, who say they were physically injured when a driver ran into a crowd of people near the intersection following Saturday's Unite the Right rally violence.

They are asking for $3 million in compensation.

The suit names James Fields, Jr., the driver who is accused of second-degree murder among other charges for the crash; Jason Kessler, who organized the Unite the Right rally at Emancipation Park; Richard Spencer; David Duke; and several other groups that attended the rally.

The Washingtons are represented by the Miller Firm in Orange County. Their attorney, Timothy Litzenburg, said the suit will probably not go to court for at least a year.

"What the real goal of this is to identify who's behind this incitement of this riot and murder," said Litzenburg.

The lawsuit claims the rally's organizers were inciting a riot and that Kessler was negligent by not ensuring the rally would be peaceful.

"There's bodies flying over their windshield," stated Litzenburg. "They were in the hospital for some time but the emotional damages they say will end up dwarfing the physical injuries."

The Washington sisters' attorney anticipates adding more than just the Washington's' names to the suit. He expects more victims to come forward.

Legal analyst Scott Goodman thinks the success of the case is a long shot.

"These types of suits are not really favored in Virginia," said Goodman. "Holding third party people who didn't actually cause the damage themselves to account in a lawsuit."

"I think that we're going to easily be able to prove a civil conspiracy to incite a riot, to incite violence," said Litzenburg. "There's always a chance you don't win but we're very confident about it."

Heather Heyer was killed and 19 people were sent to the hospital for injuries sustained in the crash.

Fields was denied bond on Monday and is being held at the Albemarle-Charlottesville Regional Jail.

To read the full lawsuit, click on the link in the Related Documents box.

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