Wrongful death lawsuit filed after father died saving daughter when parked car rolled into pond

INDIANAPOLIS, Ind. – An Indianapolis father died trying to save his 3-year-old daughter after the parked car she was in rolled back into a pond at Core Riverbend Apartments last  month. That car, a 2008 Pontiac G6, was on a motor vehicle recall list.

Now a wrongful death lawsuit has been filed against the apartment complex and the car manufacturer.

Authorities say 23-year-old Anthony Burgess Jr. died due to injuries he suffered after being under water for close to 20 minutes.

Burgess had stepped out of his car to talk to someone for just a moment, and in that time, his 3-year-old daughter Amina Garrett somehow shifted the car out of park, and it went into reverse.

He jumped into the pond to save Garrett as the car rolled into the frigid water.

A recall cites brake issues with the Pontiac G6. According to the General Motors recall, the “service brake pedal application may not be required to move the shift lever out of park”.

That means the gear shift can move without even pushing on the brakes.

The lawsuit alleges the “Pontiac G6 was an unreasonably dangerous and defective product manufactured by GM.”

Core Riverbend Apartments is also named in the lawsuit. The lawsuit alleges the apartment complex “owed a duty to Anthony to protect bodily injury or death at its premises.”

Anthony Burgess, Sr., a a personal representative of Burgess Jr., and Garrett are listed as the plaintiffs in the lawsuit.

The lawsuit alleges both GM and Core Riverbend Apartments are responsible for compensatory and punitive damages.

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