Hearing set to amend DUI death lawsuit

Local News

May 4, 2009

Brian Smith The Richmond Register Mon May 04, 2009, 08:49 AM EDT

A May 21 hearing is scheduled in Madison Circuit Court to discuss a motion to amend the complaint in a wrongful death lawsuit filed by the widow of a Berea man who died in a December 2008 traffic accident.

Sandra Marie Isaacs is asking the court to allow her to amend the complaint against 71-year-old Elmer Ray French to include claims on behalf of her two children, whose father, 35-year-old Jason Isaacs, was killed in the accident on Scaffold Cane Road.

The amended complaint seeks to include claims of loss of parental consortium for the couple’s 14-year-old daughter and 9-year-old son.

French also has been indicted on murder and driving under the influence charges for allegedly crossing the center line of Scaffold Cane Road near the intersection with Logston Lane on Dec. 3, 2008, and striking Jason Isaacs’ car head-on.

The indictment alleges that French’s blood-alcohol level was more than .18 at the time of the crash. State law defines a blood-alcohol level of .08 as being legally intoxicated.

Sandra Isaacs, both in her capacity as Jason Isaacs’ wife and as executrix of his estate, is seeking compensatory damages with interest for medical bills, funeral expenses, loss of future earnings and earning capacity and loss of spousal consortium as well as punitive damages for actions the suit deems “wanton, reckless and committed with flagrant indifference to the rights of the plaintiff and her decedent,” according to the original complaint, which is part of the amended filing.

Isaacs’ attorney, Michael Eubanks, also has requested information from French about a company called French Family Trust LLC, and possible transfers of real property from French to the company following the accident but before the lawsuit was filed.

A search of business filings registered with the Kentucky secretary of state’s office indicates French Family Trust LLC was formed Feb. 10, 2009, and lists its principal office as 292 Haiti Road, Berea, which is also listed on French’s criminal indictment as his address.

According to a copy of the company’s articles of organization, the company is managed by an unnamed manager, and no directors or other officers are identified other than attorney Michael R. Eaves, who signed the articles as the company’s organizer.

Eubanks’ request also asks for copies of French’s personal and business tax returns for the past five years, and asks for information about the automobile insurance policy on French’s car.

French is scheduled to be arraigned on the criminal charges at 11:30 a.m. Friday, May 15. If convicted on those charges, he could face a maximum of life in prison.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.

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