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.

 

 


Get Emailed Headlines From Chattanoogan.com; Like Us On Facebook, Twitter For Instant News

Walker County Arrest Report For May 20-26

Latest Hamilton County Arrest Report


We send out headlines each week day of the latest Chattanooga news. Our news headlines have links that take you to the stories with a click. We also send out special emails if there ... (click for more)

Here is the Walker County arrest report from May 20-26: REED LONNIE DALE W/M 30 OFFICER WALKER VIOLATION OF PROBATION – FELONY STONER BRADLEY TYSON W/M 32 OFFICER BROWN FAILURE TO APPEAR ... (click for more)

Here is the latest Hamilton County arrest report: ASHLEY, WILLIAM TRACY 8281 COOK LANE HIXSON, 37343 Age at Arrest: 30 years old Arresting Agency: Hamilton County AGGRAVATED DOMESTIC ... (click for more)


Breaking News

Get Emailed Headlines From Chattanoogan.com; Like Us On Facebook, Twitter For Instant News

We send out headlines each week day of the latest Chattanooga news. Our news headlines have links that take you to the stories with a click. We also send out special emails if there is a highly significant local news story breaking so you will be aware of it quickly. To be added to the email headline list, just email us at news@chattanoogan.com. In addition, ... (click for more)

Walker County Arrest Report For May 20-26

Here is the Walker County arrest report from May 20-26: REED LONNIE DALE W/M 30 OFFICER WALKER VIOLATION OF PROBATION – FELONY STONER BRADLEY TYSON W/M 32 OFFICER BROWN FAILURE TO APPEAR – FELONY BLAKEMORE FALICIA DANIELLE W/F 24 OFFICER BROOME POSSESSION OF METH, POSSESSION AND USE OF DRUG RELATED OBJECT WEST RICHARD LEE W/M 43 OFFICER DYE VIOLATION OF PROBATION – MISD ... (click for more)

Opinion

It Is Outrageous That County School Administration Used Our Tax Dollars For Political Lobbying - And Response

Dear Dr. Johnson, The campaign central at HCDE headquarters needs a Tennessee Little Hatch Act study time and education. The heart of the issue is that HCDE utilized our tax dollars to lobby against vouchers with employee time, equipment, and lobby payments. Here is my point, I supported ESA vouchers for Hamilton County, and so did a lot of families that desired parental ... (click for more)

Roy Exum: Why We Must Fight

On this Memorial Day when we remember our heroes, I believe of all the glorious movies the genius duo of Steven Spielberg and Tom Hanks have given this world, the 10-part miniseries. “A Band of Brothers,” is the crown jewel. To me it is perhaps mankind’s greatest illustration ever of how insanely horrible war most truly is. Today the miniseries is recognized as the most popular ... (click for more)

Sports

East Hamilton Boys Basketball Coach Frank Jones 'Steps Away'

Frank Jones has ridden off into the coaching sunset once again. Jones, who returned to the sideline to coach the East Hamilton boys’ team, officially confirmed what three sources at the school said earlier in the day: that he has quit as the Hurricanes’ coach after one season. “I’ve decided to step away from coaching basketball and it wasn’t an easy decision but is the best ... (click for more)

CFC Holds 45-Minute Lead Over Powerhouse Real Betis, Then Is Edged 4-3 Before 6,000 Delirious Fans

For that dreamlike amount of time, the Chattanooga Football Club held a slim 1-0 lead over La Liga giant Real Betis. Joao Costa put CFC on the board with 12 minutes gone in the match, slipping past Betis’ front line on a looping pass before smashing the ball into the back of the net. Before 6,000 raucous Chattanooga supporters, the Scenic City’s semi-pro squad appeared en-route ... (click for more)