Furniture-truck driver faces another lawsuit

By Emily Priddy

Southeast Missourian

The driver in a fatal box-truck crash faces more legal troubles in connection with the accident.

Bobby Joe Abernathy, 34, of Jackson was driving a Slumberland Furniture truck west on Highway 34 when the truck crossed the centerline and collided with an eastbound sport-utility vehicle driven by Erin Cordell, then 18, of Marble Hill, Mo.

The April 5 crash killed Cordell's passenger, 17-year-old Amelia Fisher of Glenallen, Mo., and injured Cordell, Abernathy and Abernathy's passenger, Eric Smith, then 23, of Jackson.

Last month, Smith filed a personal injury lawsuit against Abernathy, Slumberland and Sleepy Hollow Home Center Inc., alleging the accident caused "serious and grievous injuries, including but not limited to injuries to his left lower extremity, right upper extremity, head and neck" that created medical expenses and compromised his ability to work.

The suit is the second filed against Abernathy, who faces criminal charges of first-degree involuntary manslaughter and second-degree assault as a result of the accident.

In April, Fisher's father, Christian Fisher, filed a wrongful-death lawsuit against Abernathy and his employers.

At an Oct. 11 preliminary hearing in the criminal case against Abernathy, Smith testified Abernathy smoked marijuana from a glass pipe several times throughout the day and seemed to be high at the time of the crash.

Court records show Abernathy had a history of traffic violations, including a 2001 DWI, driving while suspended for points in 2003 and speeding in 1996, 2001, 2004, 2008 and 2012.

On Monday, Sleepy Hollow filed a response to Smith's lawsuit, contesting most of his claims and asking the court to dismiss the case under a state law that deals with employer liability in accidents arising in the course of a worker's employment.

It was not immediately clear how the law would exempt Sleepy Hollow and Slumberland from liability.

Attorneys for the companies did not return a phone call seeking comment Wednesday.

No attorney was listed for Abernathy in the case.

The original petition incorrectly identified Smith as the driver of a westbound vehicle with which the box truck -- also westbound -- collided after crossing the centerline.

"It's a typo, because it doesn't make any sense," Smith's attorney, Mark Lanzotti, said Wednesday after learning of the error.

He said he planned to file an amended petition correcting the error.

epriddy@semissourian.com

388-3642

Pertinent address:

Highway 34 and Route U, Cape Girardeau County, Mo.