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Parents of hit-and-run victim file wrongful death lawsuit

Feb. 15, 2001

By JOHN HALL

Staff writer

The parents of a student who was killed last January have filed a wrongful death lawsuit against two Waco men who ran over her at the 900 block of Bagby Avenue.

Bill and Rebecca Caffey are seeking unspecified damages in the suit against Patrick Franklin Fischel and Korbett Lane Roberts, a Baylor senior from Littleton, Colo.

Malisa Caffey was leaving a Kappa Kappa Gamma -- Kappa Omega Tau mixer when Fischel ran over her in his truck and fled the scene. Roberts hit Caffey's body, which was lying in the middle of Bagby Avenue. Roberts stopped and made an attempt to render aid.

Fischel later pleaded guilty to a failure to stop and render aid charge and was sentenced to 10 years probation, up to one year in an alcohol rehabilitation center and $14,236 in restitution to the Caffeys. Roberts was not charged in the incident.

Roberts is accused of 'failure to use ordinary care under circumstances.'

The suit states that 'negligence was the proximate cause of the incident.'

That suit claims the parents are entitled to damages because they have incurred a loss of companionship and mental anguish as a result of their daughter's death. It also states they are entitled to reimbursement for Caffey's funeral and burial.

The suit states that Caffey would be able to collect damages from the two accused men if she were alive.

Caffey's parents were unavailable for comment.