LOUISA – A civil action filed in the Lawrence Circuit Court last year and set for trial in April has been resolved among the parties with a confidential agreement entered into by the parties and their attorneys.
According to the lawsuit filed by Kyle Salyer and Brett Butcher of Kirk
Law Firm on behalf of Carol Brown, Misty Brown and John Brown against
Todd Case Trucking, Raven Rock Trucking and James D. Scott, Carol Brown
and her daughter, Misty Brown, were “seriously injured” as
a result of a June 2008 crash on State Highway 645 “caused by a
speeding coal truck” which struck their vehicle (shown in photo).
In an unusual allegation in the civil action, the suit alleged that the truck driver, Scott, 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,” and that the company that owned the truck was “negligent” in hiring and “retaining” its driver.
The defendant driver and truck owner contended in their answer to the complaint, filed by Paintsville attorney Donald Jones, that the vehicle operated by Carol Brown pulled from a side road onto 645 and into the path of the loaded truck.
“It is good to get this worked out without the necessity of a two-day trial that would have been emotionally difficult,” John Kirk said.