The family of an El Dorado teen who died in an accident in 2009 is suing the city and state.

The lawsuit, which was filed in late 2010, could go to court as early as this spring.

15-year-old Bayleigh Stovall was killed when her car fell into a culvert on El Dorado’s in a March rainstorm.

The rushing water pushed Stovall’s car into the 6 feet by 6 feet opening. 

Stovall called a friend for help who then called 911.
Help didn’t arrive in time and Stovall was killed.

Almost immediately, family and friends raised questions about culvert and why it wasn't marked or covered.

The suit names the City of El Dorado and the Kansas Department of Transportation and claims not enough was done to warn and protect drivers from driving into the culvert.

A memorial still marks that spot, but the culvert remains uncovered.  The city is working on a walking path and pedestrian bridge over the culvert, but says it has nothing to do with the suit.  It says the path is part of a project years in the making. 

Because of the suit, neither side is commenting, but an attorney for the family says the suit could move forward in March when discovery is scheduled to be complete.

The suit is seeking damages in excess of $75,000 but the attorney would not elaborate.
Family moves forward with lawsuit after teen dies in culvert