Loose gravel and other debris left on a Jenkins city street during a sewer repair project resulted in the fatal injuries of an eight-year-old boy who lost control of his bicycle, the boy’s parents charge in a negligence lawsuit filed in Letcher Circuit Court.
The suit, filed by Megan Carty and Keith Carty of Jenkins, names as defendants the City of Jenkins, Nesbitt Engineering Company of Lexington, and Bobby Luttrell & Sons LLC of Dundee, located in Ohio County in far western Kentucky.
According to the lawsuit, the City of Jenkins contracted with Nesbitt Engineering to plan and supervise a sewer rehabilitation project that included Williams Street in Jenkins, where Trenton Paul Carty was killed after losing control of his bicycle and crashing into a ditch on May 7.
The suit charges that Nesbitt contracted with Bobby Luttrell & Sons to perform construction work “including but not limited to raising and repairing manhole covers on Williams Street.”
On May 7, says the suit, Trenton Paul Carty lost control of the bike after hitting “loose gravel and other debris that had been deposited on the roadway” during work “negligently performed” by Nesbitt, the City and Bobby Luttrell and Sons.
“As a direct and proximate result of the negligence of the defendants, Trenton Carty sustained several injuries which resulted in his death, and suffered agonzing and severe physical and mental pain and suffering prior to his death,” says the suit, which was prepared for the Cartys by Pikeville attorney Ray S. Jones II.
Megan Carty, as adminstratrix of the estate of her late son, seeks to recover damages for pain and suffering her son suffered in addition to “damages for the destruction of (his) power to labor and earn money, damages for loss of enjoyment of life, funeral and burial expenses, costs of administration of the estate, attorney fees, costs expended herein, and prejudment and post-judgment interest.”
The suit says that both Megan Carty and Keith Carty have “sustained damages in the nature of the loss of affection and companionship of Trenton Paul Carty during his minority and (are) entitled to recover damages for such loss.”
The plaintiffs also seek punitive damages against the City, Nesbitt, and Bobby Luttrell & Sons “as a result of the gross negligence, and willful and wanton nature of (their) conduct.”
Trenton Paul Carty died on the night of May 7 at the Whitesburg hospital. He was a third grade student at Burdine Elementary School when the accident occurred.