Lawsuit Settled In Which Mallory Baldschun Was Killed, Daughter Injured In Head-On Collision At The Foot Of Ochs Highway

Tuesday, June 22, 2021

A lawsuit involving the traffic death of Mallory Pyles Baldschun at the foot of Lookout Mountain has been settled. Trial of the case had been set to start on Monday.

However, it was worked out during a one-day mediation conducted by veteran attorney and former federal magistrate Roger Dickson.

Terms of the settlement were not disclosed.

The suit had alleged that the tractor-trailer that struck the Baldschun vehicle was speeding and 90 minutes late for a delivery.

Ms.

Baldschun died in the head-on collision at the S curves of Ochs Highway on Feb. 17, 2018. Her three-year-old daughter survived, but suffered burns to her face and hands.

Peter Baldschun, husband of Mallory Baldschun, had sued driver James Andrew Wilson II and the company he was driving for - Action Resources LLC. The suit was also brought against the German firm that owned and leased the trailer - CABB North America and CABB GMBH.

The suit said Wilson was making a delivery of over 4,600 gallons of acid to a chemical plant in Chattanooga. It says he was due at the plant at 9 a.m. The wreck happened at 10:30 a.m.

Wilson was charged with speeding, failing to maintain lane and failing to exercise due care.

The suit said Ms. Baldschun had gone for a hike with her young daughter that Saturday morning and was driving back up the mountain to their home.

The truck clipped two other vehicles before striking the Baldschun vehicle head-on. It was fully in the lane of oncoming traffic when the wreck happened. The lawsuit includes a still shot taken from a camera on the truck that is just before impact.

It said the truck landed atop the Baldschun vehicle, but the daughter "miraculously" survived. However, some of the acid dripped on her before she was rescued by a "Good Samaritan" who lived nearby.

The load of acid was coming from Harris County, Tex. The suit was first filed in state court there. It was moved to Federal Court in Harris County and then to Federal Court in Chattanooga.

It asked for unspecified compensatory and punitive damages.

Plaintiff attorneys included Russell Stanley Post of Houston, Tex., James Butler Jr., Rory Weeks and Brandon Lee Peak of Columbus, Ga., and Carson Royal of Rossville, Ga.


Latest Hamilton County Arrest Report

18-Year-Old Receives 85 Years For Armed Robbery, Gang Activity At Dalton

Random Act Of Violence In Dalton Leads To 25 Year Prison Sentence


Here is the latest Hamilton County arrest report: BARRIOS, BENCION 1718 S CREST MANOR LAN CHATTANOOGA, 37404 Age at Arrest: 37 years old Arresting Agency: Red Bank CONTROLLED SUBSTANCE ... (click for more)

Whitfield County Superior Court Judge Cindy Morris on Frid, ay sentenced Alexandro Agapito Perez-Lucas, 18, formerly of 1106 Nelson St., Dalton, to serve a total of 85 years in prison with the ... (click for more)

Whitfield County Superior Court Judge Cindy Morris on Friday sentenced Christopher Lamont Swanson, Jr., 35, formerly of 203 Jordan St., Tunnel Hill, to serve a total of 25 years in prison, the ... (click for more)



Breaking News

Latest Hamilton County Arrest Report

Here is the latest Hamilton County arrest report: BARRIOS, BENCION 1718 S CREST MANOR LAN CHATTANOOGA, 37404 Age at Arrest: 37 years old Arresting Agency: Red Bank CONTROLLED SUBSTANCE IN SCHEDULE II --- BATTEN, KRISTEN LEIGH 8315 LADY SLIPPER RD CHATTANOGA, 37421 Age at Arrest: 38 years old Arresting Agency: Chattanooga DRIVING UNDER THE INFLUENCE FAILURE ... (click for more)

18-Year-Old Receives 85 Years For Armed Robbery, Gang Activity At Dalton

Whitfield County Superior Court Judge Cindy Morris on Frid, ay sentenced Alexandro Agapito Perez-Lucas, 18, formerly of 1106 Nelson St., Dalton, to serve a total of 85 years in prison with the first 20 years to be served without the possibility of parole. Perez-Lucas was convicted by a Whitfield County jury on July 2 following a three-day trial of armed robbery, false imprisonment, ... (click for more)

Opinion

Can The Braves Moniker Be Saved?

Since 1912 the predecessors of the current Atlanta baseball team have been called the “Braves” in Boston and Milwaukee prior to arriving at the Georgia capital in 1966. Although the keeping of the image of an Indian is in danger, the main opposition is not that of Native Americans, but are primarily both political activists and also dedicated supporters of a great Hall of ... (click for more)

Roy Exum: The Saturday Funnies

Hurray for the weekly edition of The Saturday Funnies but as we put together this week’s quiz, it dawned on us that there is just one more edition before our children resume classes. We hope the weekly quiz we added this summer has been a fun part of Saturday’s giggles. We do not actually write The Funnies. They are spawned by the funny emails we get each week from our Internet ... (click for more)

Sports

'Bulldog' Mack Comes Home, Thrills Fans As Member Of World Famous Globetrotters

The point guard took the tip-off, but didn’t dribble the ball up court while calling out a set. Instead, he did his best impression of 1997 Peyton Manning, and fired a strike to a teammate downcourt, As a thrilled audience looked on, the recipient flipped it to “Bulldog,” who cocked back his arm and detonated on the rim. Chandler “Bulldog” Mack was home………by some measure, ... (click for more)

Heartbreaking Defeat: Lookouts Lose Fourth Straight

The Chattanooga Lookouts came into Friday night’s game with the Birmingham Barons on a three-game losing streak, dropping those games by not-so-close scores of 3-0, 17-9 and 10-5. A fourth straight defeat was much closer. For all practical purposes, the Lookouts should have won before 4,615 fans, but unfortunately, close doesn’t count in AA baseball. The Barons took over first ... (click for more)