Insurance company, trucking firm file suit in deadly I-20/59 accident

By By William F. West / community editor
July 4, 2002
An insurance company and an Iowa trucking company filed suit this week in federal court charging that two road construction companies caused a deadly wreck last month on Interstate 20/59.
West Side Transport of Cedar Rapids, Iowa, and Zurich American Insurance of Schaumburg, Ill., filed suit in U.S. District Court against APAC Mississippi of Columbus and Culpepper Enterprises of Collins.
The suit said that West Side Transport truck driver Joseph S. McCrary was traveling below the posted speed limit of I-20/59 when he collided with vehicles stalled by traffic construction.
The lawsuit represents one side of a legal argument. Representatives with West Side Transport, Zurich American Insurance, APAC Mississippi and Culpepper Enterprises could not be reached.
Deadly accident
McCrary's 18-wheeler apparently collided with nine vehicles on June 20. The vehicles had been stalled in traffic near ongoing construction work in the eastbound lane of I-20/59.
McCrary's truck drove off the south side of the highway, ran up an embankment and fell on its side. The accident left two people dead and several others injured.
The accident was the fourth one within a month on I-20/59 near construction work and involving 18-wheelers. It left debris spread across the highway and closed the eastbound lanes for hours.
The lawsuit said that Culpepper Enterprises, a subcontractor of APAC, was clearing timber from the along the interstate at the time of the accident with a cutting machine used to grind up the trimmings and brush.
The suit also said that a Culpepper truck blocked the right lane of traffic, stalling vehicles. It said that Culpepper and APAC negligently parked its equipment in the lane of travel.
Serious damage
The lawsuit said that West Side Transport sustained more than $40,000 in damages to its 2002 Freightliner, more than $7,000 in damages to its Wabash van trailer, more than $5,000 in cargo damages and more than $50,000 in lost income.
In addition, West Side Transport and Zurich American want the court to issue an injunction restraining agents and attorneys of victims of the wreck and their family from instituting or prosecuting a suit or proceedings.
West Side Transport said it has a policy with American Zurich for the period from March 1, 2002, to March 1, 2003, insuring risk of automobile liability in the maximum amount of $1 million per occurrence.
West Side Transport and American Zurich said in the suit that they will be faced with claims for property damages, bodily injuries and wrongful death amounting to more than $1 million policy.
They said that beneficiaries of Raphael Goodwin already have filed a lawsuit asking for $12 million in damages.