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Fayette Mall owners sued by family of Lexington teen shot and killed while inside mall

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Posted at 2:28 PM, May 26, 2021
and last updated 2021-05-26 14:28:24-04

LEXINGTON, Ky. (LEX 18) — The family of 17-year-old Kenneth Wayne Bottoms Jr., a Lexington teen who was shot and killed while inside Fayette Mall last year, is now suing the mall's owners.

Bottoms Jr.'s estate filed the lawsuit Tuesday in Fayette Circuit Court. The lawsuit names Kenneth Wayne Bottoms, the teen's father, as the administrator of his son's estate. CBL & Associates Limited Partnership and CBL & Associates Management are listed as defendants. Fayette Mall is owned by CBL Properties.

The teen's family is also suing the suspect, Xavier Ja-Car Hardin, for the teen's death. Hardin was charged with murder days after the shooting.

The lawsuit alleges that Bottoms Jr.'s death was caused by "the negligent, grossly negligent and intentional conduct of Hardin and the negligent and grossly negligent conduct of CBLALP and CBLM in their failure to appropriately manage, maintain, operate, control, secure and inspect the premises." The lawsuit also says both Hardin and CBL caused Bottoms to suffer "great pain of body and anguish of mind."

The lawsuit asks for punitive damages to be paid out by each defendant. The complaint was signed by an attorney who represents Bottoms Jr.'s estate.

Read the full complaint below: