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Battle over who will pay families of Youth Alive victims underway

WHAS11.com

Posted on May 3, 2011 at 6:28 PM

Louisville, Ky. (WHAS11) - Two years after a horrific crash, there’s a battle over who will pay the families of the victims.  Three brothers and another teen were killed leaving a youth event.  Now we are learning all new details about why the insurance company says it shouldn’t pay.  And that’s not all that was revealed in court.

Court documents filed on Friday in federal court detail the hours before the four teens were killed.  The man in charge of the organization, Youth Alive, even questioned the driver of the car before he crashed killing the kids.

Kenny Boyd was the face of Youth Alive in Louisville.  In an affidavit filed in Federal Court last week, Boyd says on the day of the crash he asked the driver, Herbert Lee, who’s car he was driving.  He even asked a second time, but believed Lee’s story that he was driving his girlfriend’s Honda Accord.  As they parted ways Boyd told Lee to ‘be careful driving the car.’

“They maintain a level of report with Kenny.  Kenny has told them his accounts of what’s happened that day,” said Christopher 2X, a spokesperson for the victim’s families.

Boyd’s affidavit says he never knew the car was stolen.  Youth Alive staffers told brothers Jemar, Demar and Marc Claybrooks and Aaron Shields to ride with Lee.  All four passengers were killed when Lee crashed, fleeing from police.

Boyd’s statements come as Philadelphia Insurance is suing Youth Alive and does not want to pay the claim.  Federal Court records show Philadelphia doesn’t want to pay because Youth Alive staffers told Lee to drive the kids home making Lee a volunteer for the program.  The insurance policy didn’t cover volunteers who were involved in car accidents.

“More disappointment.  Prolonging the situation and they’ve been warned that it could take some time,” said 2X. “They thought that at some point Philadelphia would see a reason to compensate the boys loss of life but apparently Philadelphia doesn’t see it that way.”

Lexington attorney Shea Conley represents Philadelphia Insurance and said he could not comment on the litigation.
 

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