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.

 

 


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