Dinsmore v. Cherokee County

Deen, Presiding Judge.

On November 16, 1982, while dumping rubbish at a landfill maintained by Cherokee County, John Dinsmore was killed when the dirt wall to the waste trench caved in. Subsequently, Rebecca Dinsmore, William Dinsmore, and John Dinsmore, Jr., as legal heirs of the decedent, commenced this action against Cherokee County and Trammell Carmichael, the county commissioner at the time of the incident, alleging negligent maintenance of the landfill; the plaintiffs later amended their complaint to include a claim of civil rights violation pursuant to 42 USC § 1983. The trial court…