Judge dismisses lawsuit filed by parents of Louisville high school girl killed in crash after carjacking

LOUISVILLE, Ky. (WDRB) -- A Jefferson County Circuit judge dismissed a lawsuit filed by the parents of a victim killed in a crash that occurred after a carjacking.

Earlier this year, the parents of 17-year-old Madelynn Troutt filed a lawsuit against The Bail Project, alleging the nonprofit was negligent in failing to investigate Michael DeWitt's criminal history.

Police said DeWitt was driving a stolen pickup truck and under the influence of intoxicants when he crossed the centerline on Dixie Highway last March and crashed into Troutt's car, killing her.

Later that year, a grand jury indicted 27-year-old Dewitt on charges of murder, operating a motor vehicle under the influence of intoxicants and failure to stop and render aid.

In February 2022, the Troutt family filed a lawsuit against The Bail Project, accusing local Bail Project employees Carrie Cole, Holly Zoller and Shameka Parrish-Wright, of failing to properly research Dewitt's criminal history before posting his bond. It also said they failed to comply with the terms of his bond by, among other things, ensuring that Dewitt attended required drug rehabilitation programs.

According to the lawsuit, Dewitt has an "extensive criminal record" dating back to 2012 when he was a resident of Lorain County, Ohio.

"Between 2012 and 2019, DeWitt was charged with multiple crimes, including burglary, drug possession, breaking and entering, illegal possession of firearms, contempt of court, parole violation, vandalism and criminal trespass," the suit states.

The lawsuit said DeWitt's most recent arrest before the crash occurred on Feb. 16, 2021, when he was arrested for receipt of stolen property (a motor vehicle), public intoxication, criminal trespass, disorderly conduct, resisting arrest and assault on a police officer resulting in physical injury.

At the time of his arrest, he allegedly told police that "he had taken heroin and 'a whole lot of [EXPLETIVE]' earlier in the night."

The Bail Project paid $5,000 to post his bond on Feb. 24, 2021, according to the lawsuit and court documents. The fatal crash that killed Troutt occurred days later.

This week, Jefferson Circuit Judge Ann Bailey Smith dismissed the case with prejudice, which means it can't be refiled. In the ruling, Smith said, "The Bail Project defendants had no control whatsoever over DeWitt's conduct after they posted his bond. ... and could not have legally prevented him from driving the day he collided with the plaintiffs' daughter."

Louisville attorney Garry Adams, who isn't involved in the case, summed up the opinion.

"It appears to me, from the opinion and order that you provided me, that the judge decided that there is no cause of action under any set of facts to hold someone that merely pays a bail, to get somebody out or actually secure their attendance back to court," Adams said. "That does not make them responsible for anything and everything that person may do."

Sarah Edwards, a spokeswoman for The Bail Project, released this statement Tuesday:

Meanwhile, Troutt, who was a senior at Butler High School, had been accepted to college at Bellarmine University with plans to start classes in the fall to study nursing. After her death, money was raised to create a memorial scholarship in her name. To donate to the Madelynn Troutt Memorial Nursing Scholarship, click here.

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