Man files wrongful-death suit in crash that killed his daughter

A Scott City man is suing a furniture company and one of its drivers in connection with an April 5 crash that killed his daughter.

Amelia Fisher, 17, of Grassy, Mo., was riding in a Toyota 4Runner on Highway 34 near Route U in Cape Girardeau County when a Slumberland Furniture truck crossed the centerline and collided with the SUV.

Fisher was pronounced dead at the scene.

Christian Fisher of Scott City filed a wrongful-death suit against Minnesota-based Slumberland; its local franchisee, Sleepy Hollow Home Center of Cape Girardeau, doing business as Slumberland; and the driver of the truck, Bobby Joe Abernathy of Jackson.

Abernathy; his passenger, Eric Smith of Jackson; and the driver of the 4Runner, Erin Cordell of Marble Hill, Mo., all sustained moderate injuries, according to a preliminary report from the Missouri State Highway Patrol. The patrol recently said the crash remains under investigation. A spokesman for the patrol's Troop E region wasn't available Thursday to comment.

The only details the patrol has revealed are in an online preliminary crash report that outlines basic information about when the crash happened, how it happened and who was involved.

Christopher Yarbro, an attorney for Christian Fisher, declined to discuss the case, citing ethical concerns.

Amelia Fisher

The lawsuit, filed April 25 in Cape Girardeau County Circuit Court, alleges Abernathy was in possession of illegal narcotics and was "operating the box truck while in an intoxicated and/or drugged condition" at the time of the crash. The lawsuit filing based the claim of impaired driving on "information and belief," without further explanation.

The lawsuit, which seeks damages in excess of $25,000, also accuses Sleepy Hollow Home Center and Slumberland of negligence in hiring, retaining and supervising Abernathy, stating the companies knew or should have known Abernathy had been convicted of multiple traffic offenses, including five speeding convictions; two convictions for careless and imprudent driving; one conviction for driving on a suspended license; and one conviction for driving while intoxicated.

Court records show Abernathy pleaded guilty to DWI in 2001, driving while suspended for points in 2003, and speeding in 1996, 2001, 2004, 2008 and 2012.

His most recent speeding conviction was Oct. 9, when he was fined $144.50 for driving 20 to 25 miles above the speed limit Aug. 15 in Gordonville.

In 2001, Abernathy pleaded guilty to DWI as a prior offender and received a suspended sentence of 60 days in jail and a $1,000 fine. His probation was revoked July 28, 2003, when he pleaded guilty to driving while suspended and failing to comply with a court order requiring use of an ignition interlock device and was sentenced to 60 days in jail.

Slumberland franchise owner Jack Ford declined to comment on the pending litigation, referring questions to Becky Borthwick, the company's attorney.

Borthwick had not returned a call seeking comment late Thursday.

Abernathy has yet to be charged with any crime in connection with the crash. Online court records show summonses were issued but not yet served to the defendants on Wednesday. A case review was scheduled for 9 a.m. Aug. 5 in front of Judge Ben Lewis.

No lawyers were listed for the defendants in court records, and the Southeast Missourian was unable to locate contact information for Abernathy.

epriddy@semissourian.com

388-3642

Pertinent address:

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