Defendant in Tucker Hipps wrongful death lawsuit files motion to - FOX Carolina 21

Defendant in Tucker Hipps wrongful death lawsuit files motion to dismiss

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CLEMSON, SC (FOX Carolina) -

"It’s just hard for me to believe that somebody would withhold this truth, knowing how much we have suffered. It's just hard to believe that they're not owning up to what has happened," said Cindy Hipps.

More than two years have passed since Cindy Hipps lost her son, Tucker, and Hipps says she won’t stop fighting for the truth until she finds out what happened to him.

"Even if it was a mistake or an accident, to let us go on and on without knowing the truth is very painful," said Hipps.

Tucker Hipps died while on a pledge run with his Clemson fraternity, Sigma Phi Epsilon in September 2014. Tucker’s family believes he was hazed to death and filed a wrongful death lawsuit in 2015.

“I just hope he didn’t suffer,” said Hipps.

The lawsuit names Hipps’ fraternity brothers, Campbell Starr, Thomas King and Samuel Carney, the national and local chapters of Sigma Phi Epsilon and Clemson University as the parties responsible for Tucker’s death.

One of those defendants, Samuel Carney, came forward Friday and asked to have his name dismissed from the lawsuit.

“I guess it’s just one of their legal strategies, but we're very hopeful that the trial will continue," said Hipps.

In the motion, Carney's lawyers claim that the lawsuit is lacking enough evidence to hold him responsible for Tucker's death.

 “What we have in terms of evidence is a dead son. We have a body. That is evidence," said Hipps.

According to the wrongful death lawsuit filed by Hipps' lawyers, 

"Defendants King, Carney and Starr forced Tucker to get onto the narrow railing along the bridge and walk some distance on top of the railing."

In an amended version of the lawsuit, Hipps' lawyers state that a witness could corroborate the story.

The witness has already testified, but Carney’s lawyers argue that because he could not say with absolute certainty that Carney was involved in "forcing Tucker Hipps up on the railing" that he should be dismissed from the lawsuit.

In the motion, Carney’s lawyers argue hat the allegations against him were without factual evidence, stating:

(1) A finding of a breach of any legal duty owed by Carney to the decedent, Tucker Hipps, or (2) a finding that anything done by Carney was the legal and proximate cause of the death of Tucker Hipps.

Regardless of these new documents, Cindy Hipps says she will keep fighting until she gets justice for her son.

“This entire time, we’ve fought for truth and change. We won’t stop until we get both,” said Hipps.

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