Even though Tex McIver is beginning a life sentence for murdering his wife Diane, he’s now facing a wrongful death lawsuit — and he isn’t the only person being sued.
Dani Jo Carter, a key witness in McIver’s murder trial, is also being sued for wrongful death by Mary Margaret Oliver, the administrator of Diane McIver’s estate, Channel 2 Action News reported Thursday.
Carter, Diane McIver’s best friend, was driving when Tex McIver shot and killed his wife in September 2016. He claimed the shooting was an accident.
Tex McIver was convicted in April by a Fulton County jury and sentenced Wednesday. Channel 2 obtained the wrongful death lawsuit Thursday.
Carter’s lawyer, Lee Davis, told Channel 2 that his client did nothing to contribute to Diane’s death.
“I think seeing her name as a defendant next to Tex’s name really hit her hard,” Davis told the news station.
Attorney Robin Frazer Clark, who brought the wrongful death suit in the State Court of DeKalb County, told Channel 2 that Carter was included because the full ramifications of her involvement may not be clear until after she is deposed.
Clark told the news station Carter was driving the McIver’s SUV with their permission and is consequently covered by their insurance, which could be a factor in how much money is available to the estate if the suit is successful.
The suit said Tex McIver “was negligent in discharging a firearm while a vehicle was in motion.”
It also states, “Instead of stopping and calling 911, defendant Carter drove to the emergency room at Emory University Hospital as instructed by defendant McIver.”
Davis said Carter thought she could get Diane to the hospital faster if they didn’t stop and wait on an ambulance, Channel 2 reported.