Whitesburg KY
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Lawsuit charges driver negligent in fatal accident

A woman who survived a fatal traffic accident on the Whitesburg bypass in July is suing the driver of the pickup truck she says caused the wreck that left her seriously injured and killed her boyfriend.

Dorothy Hall Gibson, of Premium, charges in a lawsuit filed in Letcher Circuit Court that Kelvin Eric Sexton, 30, of Sandlick, acted in a negligent manner when he caused the 2012 Chevy pickup truck he was driving to collide with a 2003 Toyota pickup driven by 36-year-old Shawn Emerson Roark.

The wreck, which occurred July 27, killed Roark. Gibson, who had been riding to Walmart with Roark, a construction worker, to buy a birthday present for her son, had to be airlifted to Holston Valley Medical Center in Kingsport, Tenn., for treatment of her injuries. Sexton was only slightly injured.

The wreck remains under investigation by Kentucky State Police. In an August 9 incident not related to the July 27 wreck, Sexton was charged by Whitesburg City Police with operating a motor vehicle while under the influence of alcohol or drugs and possession of marijuana. The arrest was made on Sandlick after someone phoned in a complaint to police about Sexton’s erratic behavior.

Gibson’s lawsuit says Sexton “failed to maintain his vehicle under reasonable control, failed to keep adequate lookout, failed to yield, and generally violated his duty of ordinary care to prevent harm to others using the highway.”

The lawsuit says that as a result of Sexton’s negligence, Gibson will suffer injuries and damages including past and future pain and suffering; lost wages; permanent future impairment of her ability to earn; past and future medical expenses; loss of the enjoyment of life, and increased liklihood of future complications and inconvenience.

In a list of interrogatories filed with her complaint, Gibson asks Sexton to state in detail what intoxicating beverages and what drugs or medications, if any, he had consumed in the 24 hours before the accident occurred.

Gibson is represented in the suit by attorney Roy G. Collins of the Manchester, Ky., firm Morgan, Brashear, Collins & Yeast. Sexton has not yet answered the allegations in the lawsuit.

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