Suit Filed In Death Of Mallory Baldschun Due To Runaway Truck Is Moved From Texas To Chattanooga

Tuesday, February 19, 2019

A lawsuit filed in connection with the death of Mallory Baldshun in a wreck at the foot of Lookout Mountain caused by a runaway truck has been moved from Houston to Chattanooga.

The suit was filed by her husband, Peter Baldshun, and surviving children against CAAB North America Inc. and Action Resources LLC.

The accident was caused by a truck that lost its brakes coming down the mountain.

A young daughter of the Baldschuns who was in the Toyota Tacoma had minor injuries, police said.

The driver of the International Prostar truck, James Wilson, also had minor injuries. He was also sued.

The wreck happened about 10:40 a.m. on a Saturday at sweeping curves of Ochs Highway.

Wilson's truck crossed the center line and sideswiped a Chrysler Town and Country van and a Subaru headed up the mountain.

He told police he wanted to put the 18-wheeler in the ditch, but could not slow down the truck.

The initial lawsuit was allowed to be filed in state court under seal.

In an answer, CAAB admited that the trailer being hauled by Wilson was owned by CABB.

It said the trailer contained chloroacetic acid solution, which CABB owns.

CAAB admits that it contracted with Action Resources, LLC to transport the trailer from Houston. 

The firm admitted that the tractor-trailer was driven by Wilson and that the trailer was scheduled for delivery to a Chattanooga company.

A federal judge in Harris County, Tex., ruled that the case should be litigated where the wreck happened, not where the load originated.

The case was assigned to Judge Pamela Reeves of Knoxville and to Magistrate Chris Steger of Chattanooga.

The suit was filed by attorney Brandon Peak of Columbus, Ga., Rory Weeks of Atlanta and Russell Stanley Post and Jacqueline Moore Furlow of Houston, Tex.

CAAB North America is represented by attorney Crews Townsend and Neil Brunetz of Chattanooga, Michael Shaunessy of Austin, Tex., and Marcus Eason of Houston.

Action Resources LLC is represented by attorneys Alyssa Paige Wickern and David Andrew DuBois of San Antonio, Tex.

James Wilson is represented by attorney DuBois.

 

 


County School Officials Mobilized To Keep Hamilton County Out Of Lee Voucher Bill; Emails Give Details

Latest Bradley County Arrest Report

Investor Sues CBL Alleging That It Did Not Properly Alert Stockholders About Costly Lawsuit


Some Hamilton County School officials and board members were instrumental in keeping Hamilton County out of the recent Education Savings Account (vouchers) legislation sought by new Governor ... (click for more)

Click here for the latest Bradley County arrest report. (click for more)

An investor in Chattanooga-based CBL & Associates has filed a class action lawsuit, alleging that the firm did not properly notify stockholders of a costly lawsuit. The suit was filed ... (click for more)


Breaking News

County School Officials Mobilized To Keep Hamilton County Out Of Lee Voucher Bill; Emails Give Details

Some Hamilton County School officials and board members were instrumental in keeping Hamilton County out of the recent Education Savings Account (vouchers) legislation sought by new Governor Bill Lee, central office emails show. Supt. Bryan Johnson and board member Jenny Hill especially took a leading role, saying the vouchers would have cost the county schools millions of dollars. ... (click for more)

Latest Bradley County Arrest Report

Click here for the latest Bradley County arrest report. (click for more)

Opinion

Judge Bean: City Council Should Have Asked The Judges About Doing Away With City Court

On Tuesday, May 21, Judge Paty and myself attended the City Council budget meeting. We did discuss our budget but there was never any mention of getting rid of the City Court until after we left. I really wish they would have ask for our input while we were there. It appears to me that the first people you would want to ask about this issue would be the City Judges. ... (click for more)

Roy Exum: To Do The Right Thing

A couple of weeks ago I wrote a story about the upcoming Hamilton Country budget and how the taxpayers are being asked for a $34 million increase for our public school system. “Why are we throwing more money at a dead horse?” was my question and, based on the weight of email that came in the story’s wake, there is a huge percentage of others who are past “sick and tired” in our ... (click for more)

Sports

Piskos Gets Game-Winning Hit In Baylor Win Over GPS

MURFREESBORO, Tenn. – There’s nothing quite like having senior leadership in critical situations with the game on the line in the state softball tournament. Such was the case for the Baylor Lady Red Raiders, who came from ahead to score the winning run with two outs in the bottom of the seventh inning to nip GPS by a 4-3 final at McKnight Field No. Three Wednesday afternoon. ... (click for more)

Bradley Rallies Late Again To Edge Independence, 6-3, In State Baseball

MURFREESBORO, Tenn. – Bradley Central’s baseball team could be excused if they start using the motto of Larry The Cable Guy. At the TSSAA Class 3A state baseball tournament, the Bears “Git-R-Done.” On Tuesday, the Bears scored two runs in the sixth inning and beat Riverdale, 2-1, in the first state tournament appearance since 2007. Coach Travis Adams called on the same ... (click for more)