A wrongful death lawsuit is settled in the case of a man killed in a crash... with a coal truck.

The crash happened last year on Kentucky 292 in Martin county when a truck hit Mitchell Duncan head-on.
Now the Francis trucking company must pay an undisclosed amount of money to Duncan's estate.
Duncan's lawyer claims the coal truck was over the legal weight at the time of the crash.

News Release From Kirk Law Offices Representing Duncan Estate:

INEZ – Steve Francis Trucking has agreed to pay the Estate of Mitchell Duncan to settle a Wrongful Death lawsuit filed by Kirk Law Firm that was set for trial at Inez on February 4. Other Defendants, Appalachian Fuels, Inc. (AF) and Ira Nichols, previously settled with the Duncan Estate.
Settlements were also reached with Francis Trucking paying Ira Nichols and Ira Nichols paid truck driver Joey Fields.
“I regret that I am not at liberty to tell you the amounts paid by the three defendants to Mr. Duncan’s Estate and to his widow, Paula, and their baby boy, Mitchell Allen,” John Kirk said. “I can only say that, under the tragic circumstances, Francis Trucking, Appalachian Fuels and Ira Nichols did the right and just things.”
On September 26, 2006, Mitchell Duncan, age 42, was traveling on Kentucky 292 to work at a Massey mines at Sidney when his pickup truck was smashed head-on by a coal truck owned by Steve Francis Trucking and operated by Joey Fields. Mr. Duncan, according to Paul Kirk who was operating a vehicle immediately behind Mr. Duncan, was killed instantly.
Before and after the civil action was filed, Francis maintained that its truck was on the proper side of the road when it was struck by a Lincoln sedan operated by Ira Nichols and that, only after the truck was hit by Nichols and its steering disabled, did the truck cross into Mr. Duncan’s lane of travel.
State Police Detective, Eddie Crum, investigated the crash and issued a report which concluded that the Nichols vehicle had crossed the center line and crashed into the truck. The truck driver, Fields, filed his own claim in the case against Nichols. Likewise, Nichols sued Fields and Francis Trucking.
All together, there were six claims, counter-claims and cross-claims filed and attorneys from six law firms were involved. The Duncan Estate was represented by John C. Kirk of Inez. Francis Trucking was represented by Neil Smith of Pikeville. Ira Nichols was represented by Leo Marcum of Inez in his cross-claim against Francis. Appalachian Fuels was represented by Susan Maines of Lexington. Ira Nichols was defended in the case filed against him by Ralph McDermott of Ashland. Joey Fields was represented in his claim against Ira Nichols by Mike Lucas of Pikeville.
Steve Francis Trucking was an independent trucking company employed to transport coal from AF’s mine in Pike County to Catlettsburg. Normally, Francis and Fields, according to Fields’s deposition testimony, transported the coal over Kentucky 119 to US 23 north of Pikeville and then north to the Catlettsburg terminal, a trip about 30 miles longer than over Kentucky 292 down the Tug River by Long Branch, through Lovely, Warfield and Inez. According to the complaint, Francis Trucking paid its driver, Fields, by the load and AF paid Francis Trucking a set price per ton delivered.
The loaded truck and trailer weighed 125,800 pounds, according to file documents. Kentucky 292 is designated as a Single A Highway by the state and is not part of the Kentucky Extended Weight Coal Haul Roadway System, according to documents filed by Kirk in a memorandum in support of a motion for summary judgment. Appalachian Fuels was named as a Defendant because the Francis truck was transporting coal owned and loaded into the truck by AF. Maximum weight limit for the road is 44,000 pounds.
“Kentucky 292 is too narrow and too curvy for eighteen wheelers to safely haul coal,” Kirk said. “Such a vehicle cannot travel on 292 and stay on its side of the road. The truck that hit Mr. Mitchell Duncan was taking a short cut. That truck should have traveled over 119 to 23 near Pikeville.”
Kirk maintained in the complaint filed for the Duncan Estate that it was not necessary to prove that the truck was across the line when it collided with the Nichols car. “We believed we could prove two things,” Kirk said, “one, that the collision between the truck and Ira Nichols happened in the middle of the road and that both vehicles were across the line. Number two, we do not think we even had to prove that. Because the big truck was ‘illegal,’ it should not have been where it was. Had it not been there, no collision would have occurred.”
Mr. Duncan’s death in September 2006 followed the death of Rev. Lonny Preece who died in March 2005 when his vehicle was crashed into on route 40 near Inez by a truck hauling Appalachian Fuel coal and owned by Hall Trucking. That truck weighed 150,150 pounds.
“The Hall Truck was also grossly overweight,” Kirk said. “Otherwise, it could have stopped and the driver admitted it. That’s two good men gone. It’s a shame.”
Paula Duncan is the widow of Mitchell Duncan. She and their son, Mitchell Allen, live near Inez.
Doris Preece, the widow of Rev. Lonny Preece, lives at Blacklog near Inez.