RICHMOND —
A lawsuit filed by the mother of an Eastern Kentucky University student who died after being hit by a train last August might be delayed because one of the defendants has left the country.
Matt Lasters, who was the operator of the CSX train that struck and killed Hillary Hadley, 21, is in Iraq serving in the Army, according to an order filed Monday in Madison Circuit Court.
The order, signed by Judge William Clouse and agreed to by attorneys for both sides, states Lasters is entitled to protection pursuant to the Service Members Civil Relief Act, which grants stays of court liabilities for those serving periods of active military duty.
Lasters is in the United States Army Reserve and was ordered to report to active duty in Iraq on June 1, the order states.
The order demands that any discovery related to Lasters be postponed until further agreement between attorneys or orders from the court.
Lasters is expected to return from Iraq on or before Dec. 31.
Hadley, of Columbia, was killed in August when her vehicle collided with a CSX train traveling north at the railroad crossing near the Mayde/Menelaus Road intersection.
The lawsuit claims Lasters and CSX were negligent in the operation of the train. It also alleges that CSX failed to properly maintain the signal devices and right of way in the area. The area did not have crossing arms at the time of the accident; however, CSX and the city of Berea signed a contract in April to install them, as well as additional warning lights.
The family is asking for compensatory damages and a jury trial.
Attorneys for CSX and Masters filed an answer to the suit claiming CSX and Masters had no duty to maintain the area and therefore no liability. They also say Hadley’s “contributory negligence” was a substantial factor in the accident.
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