Third suit filed against driver in fatal box-truck crash

A Jackson man accused of causing an accident that killed a Glenallen, Mo., teenager is back in jail and faces yet another lawsuit in connection with the April 5 crash.

Bobby Joe Abernathy, 34, was charged last year with first-degree involuntary manslaughter and second-degree assault after the Slumberland Furniture box truck he was driving crossed the centerline on Highway 34 and collided head-on with a sport-utility vehicle driven by Erin Cordell of Marble Hill, Mo., injuring Cordell and killing her passenger, 17-year-old Amelia Fisher.

Abernathy had been free on bond, but in December, a Cape Girardeau County circuit judge revoked his bond after he violated its conditions, court records show.

A lawsuit filed last month on Cordell's behalf -- the third civil action filed in connection with the accident -- accuses Slumberland and Abernathy of negligence.

During a preliminary hearing on the criminal charges, Abernathy's passenger, Eric Smith of Jackson, who also was injured in the crash, said Abernathy had been smoking marijuana all day before the accident.

At the Oct. 11 hearing, Smith testified he feared for his safety after watching Abernathy smoke marijuana from a glass pipe several times throughout the day, but he hesitated to report the driver's behavior to their supervisors at Slumberland Furniture because it was his first day on the job.

"I was going to wait until I got back and tell them," he said.

Abernathy seemed to be high at the time of the crash, Smith told assistant prosecuting attorney Jack Koester.

Cordell's petition cites Abernathy's history of traffic violations, including speeding and driving while intoxicated, in its claims of negligence on the part of Slumberland.

Abernathy "had a history of serious traffic convictions, including speeding violations and driving under the influence, and said fact was known to Defendants at the time of the accident," the petition states.

The petition also alleges the furniture company had received a previous complaint about its drivers' actions but failed to address the complaint.

In the petition, Cordell seeks compensation for her injuries and punitive damages.

In November, Smith filed a similar case, and in April, Fisher's father, Christian Fisher, filed a wrongful-death lawsuit against Abernathy and his employer.

The criminal case against Abernathy is set for trial May 28.

epriddy@semissourian.com

388-3642

Pertinent address:

Highway 34 and Route U, Burfordville, Mo.