The Richmond Register

June 23, 2009

French refuses to answer questions in wrongful death

Brian Smith

A Berea man being sued for allegedly causing the wrongful death of a man in a December traffic accident refused to answer a number of questions from the victim’s widow in a response to questions submitted by her lawyer.

Elmer Ray French, 71, who is also charged with murder in the death of Jason Isaacs, cited his Fifth Amendment rights in refusing to answer several questions about current and past criminal charges as well as his driving record in his response, filed June 8 with the Madison Circuit Clerk’s office.

French is accused of driving under the influence when his Dodge pickup truck struck the 1998 Toyota Camry that Isaacs was driving head-on near the intersection of Scaffold Cane Road and Logston Lane in Berea.

Isaacs died at the University of Kentucky Medical Center following the accident. Berea police initially charged French with driving under the influence, but added the murder charge in January.

In his response to a series of questions submitted by Sandra Isaacs, Jason Isaacs’ widow, French did admit to being involved in a traffic accident “three or four months” before the fatal accident.

French said that accident caused only property damage and was settled by his insurance company.

Isaacs’ questions also sought information about a company called French Family Trust LLC, which is at the center of a second suit filed by Isaacs after French and his wife transferred several pieces of property near Berea to the company shortly before the wrongful death suit was filed.

French declined to answer the questions about French Family Trust as well as questions about his own personal assets, citing an objection to Isaacs seeking information about assets prior to a judgment in the case.

A response filed June 10 to the complaint in the suit against French Family Trust LLC claimed Isaacs lacked standing to file the suit, and denied that the property transfers to the company were to hide or protect assets.

Specifically, the suit denies “that the conveyance was motivated solely to defraud creditors of the individual defendant, Elmer Ray French.” The property transferred to the trust from French and his wife was valued at more than $210,000, records from the Madison County Clerk’s office show.

Isaacs is seeking to have those property transfers declared null and void and has asked for an injunction preventing French from transferring any other property to the trust.

Court dates have not been scheduled for either case. French is due back in court in September on the criminal charges.

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