Lawsuit against driver continued to November

The civil case against one of the drivers in a fatal box-truck crash has been continued to November, a Cape Girardeau County circuit judge said.

Christian Fisher filed a wrongful-death suit April 25 against Bobby Joe Abernathy, his employer, Slumberland Furniture, and Slumberland's parent company, Sleepy Hollow Furniture, court records show.

Abernathy, 34, was driving a Slumberland truck west on Highway 34 in Cape Girardeau County when he crossed the centerline and collided head-on with a sport utility vehicle in which 17-year-old Amelia Fisher was riding, the Missouri State Highway Patrol reported.

The accident killed Fisher and injured Abernathy, his passenger and the driver of the SUV.

The report lists drugs, driving on the wrong side of the road and distracted or inattentive driving as probable contributing circumstances in the accident.

Abernathy has not been charged with a crime, but a Cape Girardeau County prosecutor said the accident remains under investigation.

The civil case still is in discovery. Judge Benjamin Lewis passed it to Nov. 4.

Pertinent address:

Highway 34, Cape Girardeau County, MO