Lawsuit: Trucking company liable in Cumberland crash that killed 3 A man seriously injured in the wreck has filed a lawsuit against a trucking company…
John North and Brittany Bade , WBIR
February 02, 2017
The surviving brother of a woman killed in a November crash on Interstate 40 in Cumberland County alleges a trucking company is to blame for hiring a driver who was reckless and negligent.
Jack Tooley of Tompkinsville, Ky., and the co-administrators of the estate of Tooley’s sister Nancy Elizabeth Tooley filed the action in U.S. District Court in the Middle District of the state for the northeastern division.
They want a jury to impose damages after a trial.
Named as defendants in the lawsuit are Joe. W. and Freda A. Scott, doing business as Rock Island Express of Rock Island, Tenn., in Warren County.
The crash occurred the afternoon of Nov. 11 in the westbound lanes of I-40 near Crossville.
An eastbound truck tractor driven by Erik New of Coffee County crossed the median into the westbound lanes.
New’s vehicle hit Nancy Tooley’s 2016 Nissan Sentra. Jack Tooley was riding as a passenger. The Nissan flipped and rolled, coming to a stop on the shoulder.
The truck tractor then collided head-on with a tractor trailer that was hauling automobiles.
According to the Tennessee Highway Patrol, both trucks stopped in the middle of the westbound lanes and burst into flames.
New, Tooley and the driver of the second tractor-trailer, Noel Feliciano, 60, of Winchester, Va., were pronounced dead at the scene. Jack Tooley was flown to the University of Tennessee Medical Center, where he was treated for injuries.
New was driving a vehicle for the Scotts, doing business as Rock Island Express, the lawsuit alleges.
The lawsuit, originally filed in December with a subsequent amendment, alleges New was driving in a reckless and careless manner and failed to properly look out for other vehicles. His conduct caused Nancy Toole’s death and Jack Toole’s injuries, the document states.
Knoxville attorney Scott Hickerson represents Rock Island Express.
He told 10News: “The accident and its cause are still being investigated, and as the matter progresses and additional information becomes available, we and our clients will continue to be engaged…”
Kyle Roby of Bowling Green, Ky., filed the suit against the Scotts. Roby said attorneys want to understand clearly what may have been happening with New before the crash.
“Some questions that may arise are what type of medical history did the truck driver have? What type of training did he have? Was there a cell phone involved?” he said.
The Tooleys lived together and were very close, according to Roby. She looked after him, making sure he got to his medical appointments, he said.