By Julie Montanaro
February 4, 2014
Two Tallahassee families have filed suit in the wake of a deadly St. Patty's Day crash.
The driver at fault that night admitted he was high on synthetic marijuana.
Now the lawsuit not only takes legal aim at him, it takes aim at the company that made the spice and the retailers who may have sold it.
The Vickers family was stopped at a red light at the corner of Tennessee and Monroe when an SUV plowed into the back of their car back in March 2012.
Vincent Vickers, his mother Shakelia Vickers and his best friend Tyler Biggins all died. Now not only are their families suing the high on spice driver - Christopher Generoso - they are suing the retailers that may have sold him the synthetic drug that night and the company that made it.
"They wanted to make sure that this does not happen to another family," Biggins family attorney Roosevelt Randolph said. "
A civil suit filed last week accuses Generoso - who is already serving a 22 year prison sentence for vehicular homicide - of wrongful death.
The lawsuit accuses the Circle K at the corner of South Monroe and Orange Avenue and the ASAP Smoke Shop right down the street of negligence.
Randolph admits he is not sure at which store Generoso and his friend bought the Spice.
"We wanted to be sure early on that we include everyone," Randolph said.
The lawsuit itself says the spice called "DOWN2EARTH" was legal in Florida at the time.
But the Biggins family attorney says that does not absolve the store or the product manufacturer, Texas-based DZE, of responsibility.
"They did not change the law in this compound until two days after this death. But it is our position in this case that they knew or should have known of the effects of this particular drug," Randolph said.
We have contacted Circle K and the ASAP Smoke Shop, but neither has responded to our request for a comment yet. We are still trying to reach one of the officers for the DZE Corporation in Texas.