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.
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.