Martinez, GA -- The lawsuit says Tiara Smith was fleeing from a Columbia County Deputy when she ran a red light and hit Margaret Branton's car. The lawsuit alleges there was a reckless disregard of proper police procedure, which caused Branton's death. Branton, her son and his unborn child were killed in the crash...Witnesses say a deputy was chasing Smith before the crash, but the Sheriff's Office says it was not.

The seven-page lawusit was filed several weeks ago, in Columbia County Superior Court, by an Atlanta law firm. It accuses the Sheriff and the county for a police chase that ended with the death of Branton, of Evans.

Lawyers representing a Branton's husband say this crash in the Summer of 2006 could have been prevented had a deputy not chased Tiara Smith. Smith was running after officers after she was suspected of shoplifting from a nearby business. At the time of the accident, the Sheriff's Office said the deputy was not chasing Smith.

The Sheriff's Office says it cannot comment on the lawsuit, but this is how Major Rick Whitaker explained the deputy's action back in 2006:

Major Rick Whitaker, Columbia County Sheriff's Office: "There was a deputy in the area when the lookout was placed. He clocked the vehicle speeding and made a turn on it. He activated his blue lights to catch up with the vehicle."

In the complaint, Margaret Branton's husband seeks damages from the Sheriff's Office and the county for reckless disregard of proper police procedure. The lawsuit says, at the time, the Columbia County Sheriff's Office had a policy which required officers to terminate pursuits unless the chase involved a suspect who was a threat to the safety of others, or who had committed a forcible felony.

Branton's lawyers say the officer had no reason to believe that Smith, or her passengers, fit that category. The lawsuit says the officer continued the chase well after he should have called it off...and his failure to do so was the cause of the collision.

A Sheriff's Office spokeperson says the department cannot comment on pending litigation. The lawsuit also alleges the Sheriff's Office attempted to cover-up its contribution to the collision. It goes on to say the cover-up failed because persons outside of the Sheriff's Office were aware of the chase and confirmed it.

The victim's husband is asking for a jury trial to recover unspecified damages. Of course, the lawsuit only represents one side of the case.