June trial is cancelled for coal truck accident


INEZ - Phillip and Marie Lawson of Little Rockcastle Creek have settled their lawsuit against Case Trucking Company of Louisa for an undisclosed sum following a recent mediation. The case had been set for jury trial on June 5 at Inez.

According to the complaint filed in January 2011 by the Lawsons against Case Trucking, they received “great, grievous, painful and permanent physical and psychological injuries” through fault of Case Trucking. The Lawsons further alleged in the Complaint, filed by Inez Attorney Jeff Hinkle and Kirk Law Firm, that Phillip Lawson “suffered injuries to his back, legs, neck, shoulders, arms, ribs, chest, head, bleeding in the brain, memory loss, loss of concentration” and other problems which has caused him “to be under the care and treatment of physicians.”

Phillip Lawson further contended that the injuries have caused “past, present and future loss of wages and a reduction of his earning capacity.”

Marie Lawson pleaded that, as wife of Phillip Lawson, she has a “loss of consortium claim as she has lost the physical, emotional and social companionship she once enjoyed between herself and her husband.”

The Lawsons filed the lawsuit for injuries allegedly sustained on December 29, 2010 when, the complaint alleges, “Plaintiff Phillip Lawson was driving his vehicle north on Kentucky Route 2032 near Inez when he came upon a coal truck that was ‘broke down’ in his lane without flares or other warning devices.” Phillip Lawson alleges that he had a choice to either go into the opposing lane of traffic and striking a person standing there or risk his own life and impact the parked coal truck.
The Lawson complaint sought compensation for loss of earning, pain and suffering, past, present and future medical expenses and loss of consortium. The complaint also alleged that the trucking company “acted with conduct that showed an intentional, reckless and flagrant indifference to the rights of the Plaintiffs with the knowledge that such conduct would result in human death or bodily harm.”

The defendant company and its counsel, Don Jones of Paintsville, denied the allegations in the complaint and contested the case vigorously.

“Thankfully, Mr. and Mrs. Lawson will not have to go through the additional trauma of a trial,” Jeff Hinkle said. “I am happy that their case was settled without trial.”

“Out of consideration for all parties, we cannot comment on the terms of settlement,” John Kirk said. “I can only say that Jeff and Don represented their clients in a very professional way and that justice was served.”