HUNTSVILLE, Ala. (WHNT) – The families of two of the the victims from the deadly 2010 shooting at UAH have appealed the January dismissal of their wrongful death lawsuit against former UAH Provost Vistasp Karbhari, according to court documents filed on Tuesday.
The families of Dr. Maria Ragland Davis and Dr. Adriel Johnson, killed by Amy Bishop in February 2010, claimed Karbhari knew Bishop was dangerous before she opened fire in the Shelby Center, killing three people and wounding three others. The suit filed by the families said Karbhari knew Bishop was dangerous three months before the shooting when he and former UAH President David Williams took action to protect themselves from a “danger situation.”
A motion to add Williams to the civil suit was denied in October, 2013.
Judge Karen Hall granted summary judgement in favor of Karbhari in January, effectively dismissing the suit.
The appeal claims:
- Hall erred by granting summary judgment for Karbhari, saying that there were genuine issues of material face and that Karbhari was not entitled to judgement as a matter of law.
- Hall erred by striking the written affidavit given by Bishop and refusing to consider the statements withing the affidavit when granting judgment.
- Hall erred by denying a request by the families to delay the trial until Bishop could testify without raising Fifth Amendment privilege.
- Hall erred in denying a motion by the families to name former UAH President David Williams as a defendant.
Bishop pleaded guilty to capital murder in 2012. She is serving life without parole at Tutwiler Prison for Women in Wetumpka.