Memphis, TN – The Tennessee Court of Appeals has affirmed a Chancery Court’s decision to allow the Shelby County District Attorney’s Office to subpoena documents and sworn statements from an insurance agency’s investigation into a deadly day care van crash last April.
Attorneys for the owners and operators of Tippy Toes Learning Academy filed the appeal after Chancellor Arnold Goldin on December 17, 2002 declined to issue a stay in the matter. The Chancery Court’s decision followed General Sessions Criminal Court Judge Louis J. Montesi’s decision to deny a motion to quash the subpoena.
The District Attorney’s Office subpoenaed the insurance agency’s documents as part of a criminal investigation into the crash.
“The Court of Appeal’s decision opens the door for a thorough investigation into whether or not criminal charges should be filed,” said District Attorney Bill Gibbons. “The information in the documents could be crucial to determine if any criminal wrong doing resulted in the tragic accident that killed four young children and seriously injured two others,” Gibbons added.
The Tippy Toes day care van crashed on Interstate 240 in Memphis on April 4, 2002. The driver of the van was also killed in the accident. No other vehicles were involved in the accident.