Canadian County District Judge Jack McCurdy denied two motions Aug. 5 to dismiss a wrongful death suit that came after a Mustang High School alum died in a head-on collision.
The parents of Marissa Murrow filed the lawsuit Nov. 20, 2020 after their daughter died Oct. 3, 2020 from a collision.
Jeff and Kristine Murrow initially filed against Malcolm Penney, 40, of Oklahoma City, his wife Amanda Penney and The Springs Events LLC in Edmond.
Recently, several more parties, Weathercoat Security and Boulevard Steakhouse, Inc., have been added to the lawsuit.
The Springs and Weather-coat filed motions to dismiss the plaintiffs’ case.
Malcolm Penney was operating a vehicle Oct. 2, 2020 that entered the John Kilpatrick Turnpike, driving northbound, which was the wrong way, and collided with Marissa Murrow’s vehicle, which was correctly driving in the southbound lanes, according to accident reports.
Penney is alleged to have been intoxicated after leaving a wedding and reception ceremony at The Springs. The case’s petition stated Penney had been consuming alcohol for nearly 10 hours at the event.
Penney is also alleged to have been charged with four driving under the influence offenses in different courts. He has pled guilty of public intoxication in Carter County January 2013, as well.
Penney’s jury trial is set for Sept. 13 on second-degree murder and leaving the scene of a fatality accident charges.
Penney is presumed innocent at this time.
The defendants must now enter into discovery with the plaintiffs, where the meat of the investigation takes place, the Murrows’ attorney Kevin Cunningham said.
He believes there is significant evidence to come from The Springs.
“We still don’t know exactly what happened and what led to this,” Cunningham said.
Throughout the course of several months, both sides will argue their depositions and more.
“I believe each one of these defendants played some role in causing this horrible tragedy,” Cunningham said.