Brandon was driving three classmates to prom when she lost control of the 2013 Tesla and hit a telephone pole, according to the accident report. Allford’s complaint alleges Brandon was driving “at or near” 112 mph at the time of the crash.
Jackson, 17, who was a backseat passenger, was not wearing a seat belt and was ejected from the car, according to the accident report. She died three days later.
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Brandon pleaded guilty to aggravated vehicular homicide and vehicular assault in juvenile court in December. At the hearing, Allford told the judge his everyday life style has changed since the accident.
“I can’t sleep, I have anxiety, I have depression,” he said.
He added he does not understand why the teen driver was speeding.
“The speed was her fault,” Allford said.
Visiting Butler County Juvenile Court Judge Thomas Lipps sentenced Brandon to up to six months at the Miami Valley Rehabilitation Center in Xenia, where she was receiving mental health treatments.
“I will never be forgiven for what happened,” Brandon told those in the courtroom. “I will always be hated by families and everyone involved.”
A court filing in the civil lawsuit indicates Brandon’s attorney has been negotiating with the Jacksons as well as Allford and the other front seat passenger, Mitchell Foster Jr., over her mother’s insurance policy. Each will get $100,000 under a tentative agreement.
Brandon’s father has a $500,000 insurance policy. Since Allford and Foster hadn’t been formally added as plaintiffs, Brandon’s attorney, Samuel A. Gradwohl, asked the judge to “join” them and order mediation.
“In addition to joining these two parties, these defendants respectfully request this court to order mediation so that the claimants may attempt to divide the remaining money, $500,000, in a fair and just manner and come to an agreement as such,” Gradwohl wrote.
Judge Jennifer Muench-McElfresh approved the motion Feb. 26 and gave Allford and Foster 45 days to join the lawsuit, which Allford has done.