CULLMAN - On
May 18, Ashley Wilson, mother of Curtis James Wilson, 15, filed a wrongful death
suit against Bradford Neal Meeks, 27, of Cullman, the driver of
the truck that collided with hers on May 7, resulting in her son’s
death and injuries to her. The document filed with the court
alleged that, at the time of the incident, Meeks was driving “negligently,
wantonly, recklessly and/or otherwise unreasonably;” and that he was “unfit to
drive and/or failed to maintain control of his vehicle.” She also filed
against her own insurance providers Allstate and Alfa, demanding payment on
underinsured motorist claims.
Earlier this
week, all three defendants responded to the suit in documents submitted to the
court. Meeks, through his attorney Gaynor St. John, made a “general
denial” of Wilson’s allegations, pleading that Meeks’s actions behind the wheel
were not negligent, but instead were the result of a “sudden emergency.”
Allstate
Insurance, through its attorney Cornelius Warren, denied Wilson’s claim.
Included in its response were allegations that Wilson failed to state
claims that could be paid, and also that her claims failed to meet the statute
of limitations. Furthermore, Allstate charged Wilson with “contributory
negligence,” a legal term alleging that her actions during the incident
contributed to her own injuries and her son’s death.
Alfa
Insurance, through its attorney Michael Haggard, denied Wilson’s claim on
constitutional grounds, arguing that the punitive damages she seeks violate due
process and equal protection clauses in the U.S. and Alabama constitutions.
It also denied that the accident was caused by an underinsured motorist.
Both
Insurance companies admitted that Wilson had underinsured motorist coverage
with them, and both requested set-off: the right to withhold payment until they
find out how much the other defendants will be required to pay, and to
determine their required amounts accordingly.
Ashley Wilson
is being represented by Birmingham attorney Gregory Martin Zarzaur.
Curtis Wilson
died at Children's of Alabama after being transported by helicopter from the
scene of the wreck, which occurred just after 6 p.m. on Sunday, May 7 in the
2000 block of County Road 222 in front of Van's Sporting Goods. The crash is
still under investigation by the Alabama Law Enforcement Agency. No
criminal charges have yet been filed in the case.
On May
8, Troopers released a statement saying that their preliminary
investigation indicated that alcohol may have been involved in the crash.
While the report did not specify which driver was suspected to have been under
the influence, The Cullman Tribune learned from several sources that Meeks, 27,
of Cullman, the driver of the car that hit Curt Wilson and his mother, was
allegedly driving erratically prior to the crash and that he allegedly made
statements on the scene that led law enforcement to believe he was not sober.
Additionally, Meeks has an extensive criminal history with
at least two DUI charges.
Curtis
Wilson, who was a sophomore at Cullman High School, was the second area student
to be killed by a suspected drunk driver this year. In March, Tonya J. Busbee, 34, of Bremen and her daughter, Rhianna
Busbee, 13, a student at Cold Springs, died after being hit head on by another
driver on County Road 813. That wreck also remains under
investigation.
Source: cullmansense.com
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