Complaint filed against Fulton Co., Fiscal Court

The Estate of the late Rodney Smith, who served as a Hickman City Police Officer, has filed a Complaint in Fulton Circuit Court, with Smith’s widow, Margaret Smith and their children, Naathan A. Smith and Zane C. Smith listed as the Plaintiffs and Defendants listed as Fulton County Fiscal Court, Fulton County Judge Executive Jim Martin, Fulton County, Fulton County Magistrates Wade Adams, James D. Paitsel, Shaun Parks and Hugh Caldwell.

According to the document filed April 12, by the Plaintiffs’ attorney Royce W. Buck of Mayfield, the complaint states on March 3, 2018, Rodney Smith, in his capacity as an officer with the HPD, was traveling on Bernal Avenue/Upper Bottom Road in Fulton County when his vehicle ran into water over the Upper Bottom Road roadway, on which he was traveling, causing the death of Rodney Smith, by drowning.

The Complaint goes on to state that roadway is constructed and maintained by Fulton County and emergency warning signage for the roadway is maintained, managed and installed by the Defendants, who had a duty to warn the users of the roadway against potential dangers on the Upper Bottom Road on March 3, 2018.

Further, the Complaint indicates as a direct result of the Defendants’ failure to provide adequate and appropriate notices, warnings and or barriers on Upper Bottom Road on the date in question, Rodney Scott Smith drove his vehicle into dangerous water across the roadway, causing his vehicle to flood and wash off of the roadway, causing him to drown.

“As a direct and proximate result of the negligence of the Defendants, the decedent, Rodney Scott Smith, suffered pain and suffering, emotional and physical....”; “the Estate of Rodney Scott Smith sustained total destruction of the decedent’s power to earn money in an amount in excess of the minimum jurisdictional requirements of the Court, for which the estate is entitled to recover”; “the Plaintiff, Margaret Smith has lost the love, affection, companionship, services, assistance, aid and society of her husband...”; and both children of the decedent and Margaret Smith lost the “love, affection, companionship, parenting, services, assistance, aid and society of their father” the Complaint states.

Lastly, the document references the Defendants’ actions constitute “gross negligence and were oppressive, malicious and in reckless disregard for Rodney Scott Smith’s rights and safety, in that the Defendants had notice, both actual and constructive of the dangerous conditions existing” on the road and failed to adequately provide warnings to guard against such dangers.

Compensation, punitive damages, reasonable costs and attorney fees, a trial by jury and any and all other just and equitable relief is requested by the Plaintiffs.

The Answer to the Complaint was filed by Stacy A. Blankenship, of Keuler, Kelly, Hutchins & Blankenship of Paducah, Attorney for the Defendants on May 7,

In the Answer, the Defendants admit Upper Bottom Road is a Fulton County roadway constructed and maintained by the county and that emergency warning signage is maintained, managed and installed by the Defendants, however deny the remaining allegations as set forth in the Complaint, further offering as the First Defense, that the Complaint fails to state a claim upon which relief can be granted and should be dismissed; a Second Defense wherein Defendants claim to have insufficient knowledge to admit or deny a number of the statements made in the Complaint; and additionally offer as Defenses, sovereign immunity, absolute immunity, qualified immunity, qualified official immunity, legislative immunity, Defendants had no control or responsibility and are without fault, and Plaintiff has filed to sue an indispensable party.

A Motion To Dismiss was filed by Blankenship May 14, requesting all claims against Fulton County, Fulton County Fiscal Court, Fulton County Judge Executive Jim Martin, Magistrates Adams, Paitsel, Parks and Caldwell be dismissed with prejudice.

The Defendants’ Motion to Dismiss, filed by Blankenship was re-noticed for hearing June 13, previously scheduled for May 23.