ATLANTA — The family of the student-athlete killed in an elevator accident months ago is filing two lawsuits regarding his death.
JauMarcus McFarland, a Champion Prep Academy football player, was pinned between the second and third floors of the mixed-use building on Aug. 31. According to Atlanta Fire, McFarland was rushed next door to Atlanta Medical Center with a faint pulse after crews initiated an hour-long extrication. The Missouri native later died at AMC.
Attorney Sean Williams of The Cochran Firm Atlanta said Thursday they were retained after the deadly accident and started investigating the 18-year-old's death. The suits are being filed against several entities they believe are partly responsible.
“This lawsuit and the filing of it is a collection of the evidence and the information we have obtained in that investigation," Williams said.
They allege the building, located at 444 Highland Ave. NE, was unsafe and failed to maintain the safety of the elevation. Williams said they talked to former employees and tenants as a part of their investigation.
He added that the school failed to make sure they held the building owners accountable for "dangerous conditions" at the apartment complex.
"These failures, I will say to you, are the reason JauMarcus is not here," he said. "Simply put, if these multitude of failures were corrected years, months, days before August 31, JauMarcus would still be here."
Attorneys said the second lawsuit being filed is against the Georgia Prep Sports Academy over an online fundraiser that was created to help with funeral costs and other expenses for the family.
"We've made several requests since that time to have those monies given to the family for the expenses," Attorney Denorris Heard said. "And to this day, that has not occurred."
He said the suit was filed in Clayton County regarding that matter. In October, 11Alive previously asked the school about the family's concerns over the online fundraiser and their attorneys said the Academy had not received the money yet. Once they do, they said the school's attorneys would be in touch with the family to discuss disbursement. 11Alive is working to contact the school again about the claim and recent suit.
After McFarland's death, 11Alive reported on state records that showed the building elevator operated "without current state inspection or operating permit" after its inspection certificate expired in August of 2020. Investigators with the Georgia Office of Insurance and Safety Fire Commissioner's Office listed possible elevator equipment issues as possible factors, in addition to the elevator's combined passenger weight being above its listed capacity. The building owner received several violations. Read more here.
In addition to reaching out to Champion Prep, 11Alive is working to contact the public relations firm for the building owners about the lawsuit.