Browns sue Case Trucking, driver, for alleged 'catastrophic' injuries

LOUISA – According to a civil action recently filed in the Lawrence Circuit Court, a Louisa family has alleged that ‘catastrophic’ injuries were sustained by one family member and serious injuries were sustained by another as a result of a crash caused by a speeding coal truck and, in an unusual allegation, the suit, filed by Kirk Law Firm, claims that, because the truck driver had been cited for speeding on “four previous occasions,” had been “warned by the Division of Driver Licensing,” had been sent to traffic school “numerous times,” and that he had “been involved in four accidents since 2001, including three involving commercial motor vehicles,” that the company that owned the truck was “negligent” in hiring and “retaining” its driver.

“Sadly, this is one more, tragic, example of excessive speed,” John Kirk, counsel for the plaintiffs said. “All of us co-exist with loaded coal trucks on the roads upon which we and our families travel,” he added. “Unfortunately, because the coal must be transported to Catlettsburg as soon as possible if the drivers and truck owners are to make any money, all of us know just how it is out there on 645 and 23.”

The case was filed by Carol Brown and Misty Brown, her daughter, who were, they allege, injured when their vehicle (a compact shown in adjoining photo) was struck by a speeding coal truck operated by James D. Scott and owned by Todd Case Trucking, both of Louisa, following the July 23 accident on 645 in Lawrence County. The loaded tractor-trailer allegedly weighed 128,000 pounds.

“Carol’s life has been changed forever,” Kirk said. “She has a very severe head injury which causes, among other things, very diminished eyesight for which surgery has or will be done. Her medical bills could exceed $1 million,” he added.

According to the complaint, the plaintiffs “had entered into the median . . . and were completely clear of the right-hand lane” in which, allegedly, the coal truck was traveling. The truck was, it is alleged, “traveling at an excessive speed” and that the driver “slammed on his brakes” but that “only one set of brakes caught” which, the complaint alleges, caused the coal truck to “pull to the left . . . directly into the plaintiffs.”

The driver and trucking company “had a duty to inspect and repair” the truck, it is alleged, and that the accident was also caused by the brake defect.

The Browns seek a jury trial, damages for medical needs, for pain and suffering, for lost wages and for loss of consortium for John Brown, father of Misty Brown and husband of Carol Brown. Carol Brown is formerly Carol Lynn Simpkins from Martin County.

Categories: Personal Injury

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