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Lawsuit challenges handling of Oconee’s 911 system
Claims it contributed to botched rescue of girl who fell into Lake Hartwell

WALHALLA — The parents of an 11-year-old girl who died last year one day after being submerged for minutes in Lake Hartwell are blaming Oconee County for claims of gross negligence in the handling its enhanced 911 system.

Crissa Nycole Powell was visiting friends at a Seneca home abutting Lake Hartwell on May 29, 2007 when she “disappeared under the water while playing with other children,” according to the lawsuit filed this summer at the Oconee County Courthouse.

Attorneys for the girl’s parents, William Nye Powell Jr. and Crystal D. Powell, claim vital minutes elapsed before first responders arrived because county’s enhanced 911 system was not properly handled.

Lead attorney David L. Thomas of Greenville argues in the lawsuit that wireless and standard telephone calls to 911 during the emergency should have identified the geographic location on a map under the enhanced 911 system and brought first responders to the scene sooner.

About 10 minutes went by before emergency medical personnel arrived at the scene.

“The defendant Oconee County knew or should have known that not using the enhanced 911 system’s ability to automatically identify the geographic location of the wireless 911 phone callers would result in slower response time by emergency responders and the death or worsening of conditions of persons in need of emergency medical services,” the lawsuit alleges.

Crissa Powell was a fifth-grader at Berea Elementary School in Greenville County.

The lawsuit also names as co-defendants, Wilma Elliott Leslie; her brother, Ervin W. Elliott; and sister-in-law Jean P. Elliott. Ervin and Jean Elliott own the home where the tragedy took place.

According to the lawsuit, Leslie picked up Crissa and drove her to the Elliotts’ Seneca home so she could play with her grandchildren. The lawsuit alleges that Leslie failed to supervise the children, which contributed to the tragedy. The lawsuit also claims that the homeowners are liable for not having floating devices or placing warning signs about the depth of the waters.

Attorneys for the Powells requested a jury trial and are asking for actual and punitive damages.

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