Habersham attorney updates status of flash bang lawsuits

CLARKESVILLE - The Habersham County Commission received an update on two outstanding lawsuits Thursday afternoon.

During a called meeting, County Attorney Donnie Hunt updated commissioners behind closed doors on the status of the case against Habersham County by 2-year-old Bounkham Pawn John Phonesavanh's family, as well as the case against Habersham County by Amanda Thonetheva.

Phonesavanh's family sued Habersham County officials and two Cornelia police officers for their son's medical bills.

Thonetheva, who owned the house where the incident happened near Cornelia, sued for damages to the house and other damages.

After returning to open session, the commission adjourned the meeting but Hunt made a statement about the pending cases.

"As you know, we were discussing litigation," Hunt said. "What they've done at this point is to vote on a format, but they're still drafts going back and forth so it's not a final version. Basically, I've been authorized to continue along that line until we have a final version. They'll probably take no more action. We'll sign it when we get a final version."

Hunt provided the status of the two potential settlement agreements.

"There are two lawsuits pending," Hunt said. "One of them is the Phonesavanh case - we're in draft no. 8 of it - so until it's approved by the plaintiffs, we don't have an agreement. The Thonetheva case is redlined, so it's that close to being an agreement."

As the only item on the consent agenda at Thursday's called commission meeting, a side agreement with National Fire was approved, without discussion, to provide up to $75,000 of attorney's fees for the continued defense of Phonesavanh.

"The other issue about continuing defense costs, that's actually an issue between the county and its insurer," Hunt said.