Family Of Paramedic Killed In Accident File Lawsuit

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Posted: 6:11 PM Feb 4, 2008
Last Updated: 8:30 PM Feb 4, 2008
Reporter: Marie Luby
Email Address: marie.luby@wymtnews.com

11 comments

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Family members of Christa Burchett are filing a wrongful death lawsuit after the accident on icy roads that killed her and a pregnant woman last month.

Burchett's teenage daughter, acting through her father, is now suing a professional truck driver and a trucking company for millions of dollars in punitive damages.

An attorney representing 15 year old Olivia Burchett says $10 million dollars is the least she should get from the driver of the coal truck that hit her mother, and from the company he worked for. The lawsuit says Leslie Spence and M & R Trucking acted in a quote "grossly unsafe way," citing mechanical problems with the truck and driving too fast for road conditions. The suit also refers to citations for failure to make sure the truck was properly inspected and maintained.

Spence's attorney says his client plans to enter a not guilty plea in court next week. He declined to comment on the lawsuit.

An attorney representing M & R Trucking did not immediately return our calls, but company officials say Department of Transportation workers found no problems during a safety audit last week.

M & R officials say our phone call to them was the first they had heard about the lawsuit and they declined to comment specifically about the allegations.

Department of Transportation officials could not be reached to confirm the findings of their audit at M & R Trucking.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: anonymous on Feb 15, 2008 at 11:35 PM
what's the purpose?

Posted by: Anonymous on Feb 8, 2008 at 03:45 PM
I think this is the most pathetic thing I have ever read in my life. NO AMOUNT OF MONEY WILL EVER BRING these three lives back. Its B.S. Its money hungry people like this that make Kentucky have such a bad reputation. Maybe Christa daughter should sue The family of Erica Brown cause it was her fault that she was there.. The blame game. It can go on and on..

Posted by: Sorry Location: KY on Feb 5, 2008 at 01:21 PM
If the truck driver was to blame, God for give who was to blame for the other victim. was it the emergency works for not have her away for the road? Maybe give someone else an idea to sue. Could we blame the paramedic? No!! So why blame the driver. It was an act of God. America needs to stop suing. I would think that this paramedic's daughter already be getting alot of money from her mom's job. After all it was an accident. Double the insurance!!!

Posted by: p Location: staffordsville on Feb 5, 2008 at 11:19 AM
First of all, a 14 yr old is not going to know how to do any kind of lawsuit.. that's her father doing that. Second,if anyone is to blame for the accident, then it should be the county and state for not keeping the roads clear that day. They knew that the bad weather was coming, and even after the 1st accident, someone should have been down the road flagging traffic so that they knew something had happened up the road and to be cautious. So he had trouble w/ equipment on his truck.. So does that mean that all the cars that have trouble need to stay off the rd.too? I feel sorry for both families losing a loved one. I also feel so sorry for the driver, because no one has put theirselves in his shoes. Can you imagine what he's going through?? Knowing that something bad happened and that there was nothing you could have done to stop it. Greed can get the best of good people. Maybe the family needs to think about what Christa would have wanted them to do. God Bless all of these families!!

Posted by: Tracey Location: London on Feb 5, 2008 at 10:58 AM
I am an emergency worker. It is a shame that people disregard the state law that says to move over for emergency vehicles. People in violation of this should pay, and should have their license suspended. They should pass a law to shut the roads down until emergency crews are done with a scene. Christa dedicated her life to giving life to others and someone took hers. Does her daughter deserve millions? NO. She deserves more then that. Until you people with your negative comments about the money stand on the side of an Interstate or Highway and try to help save someones lives while traffic around you is doing 70 miles an hour, watch what you say. Do you think for one minute that this child doesn't realize that the money won't bring her mom back? SHE KNOWS! It is not about the money, it is about someone taking responsibility for breaking the law. Instead of your negative comments, maybe you should be praying for Christa's family. I hope Christa's legacy lives on through her daughter!

Posted by: dee Location: pikeville on Feb 5, 2008 at 09:36 AM
WHILE I HAVE SYMPATHY FOR THE BURCHETT FAMILY, NO AMOUNT OF MONEY WILL BRING HER BACK. THIS WAS A FREAK ACCIDENT. I CAN'T IMAGINE WHAT THE TRUCK DRIVER MUST BE GOING THROUGH, WITHOUT HAVING THE LAWSUIT. THERE WAS ACCIDENTS EVERYWHERE THAT MORNING. IF IT HAD BEEN A CAR OR PICKUP, WOULD LAWSUIT HAVE BEEN FILED SO QUICKLY? IF A COAL TRUCK IS ANYWHERE IN SITE OF AN ACCIDENT, SOMEBODY WILL LAY THE BLAME ON THE COAL TRUCK, EVEN IF IT WAS 20 CARS BACK AND NOT EVEN INVOLVED IN THE ACCIDENT. CONTRARY TO WHAT SOME PEOPLE THING, THERE ARE SOME GOOD, DRUG FREE, MORAL, CHRISTIAN TRUCK DRIVERS OUT THERE.

Posted by: Rachel Location: Lexington on Feb 5, 2008 at 09:07 AM
15 years old.. and "$10 million dollars is the least she should get".. wow. It's not like money can bring her mom back to life or anything. I mean I understand the hurt and loss, but pls. geez.

Posted by: JB Location: lexington on Feb 5, 2008 at 08:58 AM
You know the fact of the matter is that the truck driver was just doign his job and what happened was not intentional. The truck driver is not getting paid when he is not haulng. He prbably feels awful for what happened, and if his truck was not mechanically safe then that responsibility falls upon the owner of the trucking company. If they didnt want trucks on the road due to the conditions then the counties should have closed the roads. You have to remember the truckd river is a person too, who lost something that day also, he lost ability to wake up in the morning look in the mirror without guilt. While I sympathize for the 2 ladies and their family , I am ashamed that not even a month after the accident that lawyers are so quick to want to line their pockets. Let things settle down before going to court.

Posted by: michelle Location: paintsville on Feb 5, 2008 at 08:26 AM
In my opinion I think that if the traffic was controlled that day, this would never had happen.

Posted by: Lisa Location: Pkeville on Feb 5, 2008 at 08:25 AM
while I agree that America has become very "lawsuit" oriented, there is substantial grounds for this case to be brought to court. Ronald, it isn't simply a lawyer hounding. Did you not read the news when this occurred? The accident investigation revealed (see all local news sources as well as KSP reports) that the truck had several mechanical deficiencies, including non-working breaks, as well as negligence on the part of the driver for driving too fast in a heavy coal truck on icy roads.It is evident this is not a blame-game.Life is not a game.This woman lost her life trying to save others;someone's negligence,not mere ACCIDENT, caused her death as well as the death of her patient and her unborn child.Before anyone "blames" money hungry attorneys or survivors,check your facts.Nothing will replace those lives but someone needs to be brought to justice for their negligence.

Posted by: Ronald Location: Pike on Feb 5, 2008 at 04:32 AM
It was an Accident, plane and simple. It seems like every time a coal truck is involved a lawyer-comes-a-knocking. We all know that it is a very hard thing for the family to deal with, but can't the darn lawyers quit hounding these poor people just to make money off of their hard times. I do agree that the truckers need to follow the rules, but you have to admit that if it were another car that lost control we wouldn't have this lawsuit! Think about it.

Posted by: Mitch Location: Lowmansville on Feb 4, 2008 at 10:49 PM
Its the American way.....I am so ashamed of my country and what it has become.....too many lawyers. Even the Romans knew too many lawyers was bad. Now we all play the blame game....

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