Published: March 11, 2008 08:03 pm            

BREAKING NEWS: Rose survivors awarded nearly $3.6 million

WHITLEY CITY - More than four years after the tragic accident which forever altered a family of four and the life of a deputy sheriff, a seven-man, five-woman jury has awarded the family of Alice and Ashley Rose nearly $3.6 million.

The jury deliberated approximately approximately five and a half hours over the course of Monday night and Tuesday morning following a five-day trial which included testimony from more than 20 witnesses. While the jury technically award damages in the amount of $5.1 million, they also determined that Alice Rose was 30 percent responsible for the accident - thus lowering the overall award.

The case centered on a two-vehicle accident which occurred just after 11 p.m. the night of August 21, 2003, on U.S. 27 in front of Kroger U-SAVE.

Deputy Jeremy W. Thompson, now 35, was traveling north on U.S. 27 to secure the scene for an ambulance waiting to help a suicidal woman in Wiborg. Called off the detail just seconds before the accident occurred, he was traveling at approximately 90 miles per hour. Though the cruiser's emergency equipment was activated, Alice Rose, 28, pulled southbound out of the Kroger parking lot into the path of the 1996 Ford Crown Victoria, which struck the Hyundai on the driver's front side.

Alice, her husband Charles L. Rose (then 33) and their 10-year-old daughter Ashley were ejected from their vehicle. Son Charles Axl Rose, now 13, had to be extricated from the Hyundai but escaped life-threatening injury. While mother and daughter were pronounced dead at the scene, Charles Sr. was hospitalized at the University of Tennessee Medical Center for nearly two months and just had an accident-related surgery last October.

Deputy Thompson was also extricated from his cruiser and airlifted to the University of Kentucky where he stayed several days. He never returned to duty.

The Rose family (including David Rose as the executor for Alice Rose's estate) filed a civil suit in 2004, seeking to recover in excess of $2.9 million for accident-related bills and lost earnings - plus approximately $5 million for individual pain and suffering as well as the loss of mother and daughter.

Though Thompson was named as the sole defendant, his cruiser was insured through McCreary Fiscal Court's liability policy with the Kentucky Association of Counties (KACo) - which has a reported cap of $3 million. The verdict undoubtedly affects next year's premium but at press time, it is unclear which party - Thompson or McCreary County - is responsible for the difference.

Without a settlement in place, the case went to trial last Tuesday before Judge Paul Braden. The major point of contention appeared to be Thompson's speed versus Alice Rose's failure to yield the right-of-way.

In addition to crash witnesses (all of whom saw flashing lights but conflicted on hearing a siren), Crabtree introduced a tape of 911 Dispatch recordings as well as a surveillance video from Kroger U-SAVE which captured part of the impact.

Much of Wednesday was devoted to the testimony of Kentucky State Police Trooper Parrish Baker, who reconstructed the incident for the official accident report. Baker said that while he could prove Thompson was going at least 83 mph, in his experience Thompson's speed would have been more than that. Trp. Baker also acknowledged taking greater care with his investigation because Thompson was a law enforcement officer.

"The public's perception of law enforcement is different," Baker said, noting that he eliminated skid marks on the highway as belonging to the cruiser and tested its speedometer to prove its breaking at 140 mph had nothing to do with the deputy's actual speed. "I did things I wouldn't necessarily do to make sure that Dep. Thompson got the fairest shake and the Rose family as well."

One of the most heated moments of the trial came during Baker's testimony when Judge Braden ordered the jury out of the courtroom as Huff attempted to argue that the 911 tape introduced by Crabtree through 911 Dispatch supervisor Karen Clark had been significantly shortened from a version that Baker had listened to during his investigation. Braden ultimately ruled that Baker could not authenticate Huff's tape and it was not played in front of the jury.

Crabtree called additional expert witnesses in accident reconstruction and emergency response before calling father and son to testify - not only in regard to the accident and their injuries but also to their memories of Alice and Ashley.

Mr. Rose testified that while he saw headlights near Sparkles Car Wash before the car pulled out, he did not recall seeing flashing blue lights or hearing a siren.

The plaintiffs' rested their case Friday afternoon following medical and economic testimony. Judge Braden, who had to be absent Friday, was replaced by Special Judge Gary Payne from Fayette County.

Huff began her defense Monday morning with testimony from Thompson (whom Crabtree had also called) and accident reconstructionist William Cloyd. The attorney also argued during the course of trial that the injuries to the Roses would have been significantly lessened had they been wearing seat belts, as the Hyundai's cab remained largely intact.

Closing arguments began at approximately 4:50 p.m. with jury deliberations began just before 8 p.m. Monday night. The jury broke after approximately three hours with deliberations continuing at 8:30 a.m. Tuesday morning. The verdict was returned just before 11 a.m.

Civil verdicts are not required to be unanimous, and returns for each interrogatory ranged between nine and 11 jurors.

While the figure was not the maximum the Roses was seeking, Crabtree said he applauds the jury's conscientious work and will not recommend an appeal to his clients.

"This is a large but just verdict for the tragedy the Rose family experienced," Crabtree said. "It was a hard case to try. I'm not in a position to disagree with the verdict or apportionment. I think [the verdict represents] a condemnation of the use of such a high speed in this community."

Huff noted that the case had been inactive for some time until recently, and efforts to settle were unsuccessful. While there is "certainly the possibility of an appeal," Huff said that decision has not yet been made.

"Mr. Thompson is very disappointed," Huff said. "While you can't compare the suffering of one person with another, everyone touched by this case has suffered greatly. I hope that all sides can now begin to heal and move forward."

        

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