Published: July 23, 2008 04:56 pm            

Former Deputy facing lawsuit

County policy to cover Morrow

WHITLEY CITY — McCreary County could once again face liability for an accident involving a former deputy sheriff.

The McCreary County Record has learned that Stearns resident James W. Sellers filed suit against Luther G. “Luke” Morrow on July 3 in McCreary Circuit Court seeking damages for a vehicle collision which occur-red in 2005 when Morrow served as a deputy under then-Sheriff Penny Perry.

According to court documents, the accident occurred on November 7, 2005, when Morrow’s south-bound 1997 Ford Crown Victoria cruis-er struck Sellers’ 1989 Ford Tempo as Sellers attempted to cross U.S. 27 east bound with the green light at the Williamsburg Street (KY 478) intersection.

Sellers, who is represented by Somerset attorney Mark Knight, alleges that Morrow was traveling at a high rate of speed and failed to yield the right of way. The impact on the driver’s side sent Sellers’ vehicle spinning into a light pole. The lawsuit alleges that, in addition to his injuries at the time, Sellers has suffered a “permanent impairment of his ability to labor and earn money in the future.”

The lawsuit does not specify a dollar amount but is seeking damages for mental and physical pain, lost wages, medical expenses, permissible compensatory damages, costs, trial by jury, and “any and all other relief to which he [Sellers] may appear to be entitled.”

Though Morrow is the sole named defendant, he was insured at the time under the county’s liability policy with KACo (Kentucky Association of Counties). The policy is limited to $3 million, meaning a judgment over that amount could fall back to the county to cover.

That situation was recently avoided after a $3.6 million judgment earlier this spring against former deputy Jeremy Thompson for the 2003 accident which killed Alice and Ashley Rose. Last month KACo subsequently settled the suit within the $3 million policy cap, according to County Attorney Phil Chaney.

        

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