Lawsuits settled in crash that killed teenager

Wednesday, July 29, 2015

JACKSON -- Three lawsuits have been settled in connection with a 2013 box-truck crash that killed a Glenallen, Missouri, teenager.

Bobby Joe Abernathy, 36, pleaded guilty last year to vehicular involuntary manslaughter while intoxicated and second-degree vehicular assault in connection with the April 5, 2013, crash that killed 17-year-old Amelia Fisher.

Abernathy was driving a Slumberland Furniture truck west on Highway 34 when the truck crossed the centerline and collided with a sport-utility vehicle driven by Erin Cordell, then 18, of Marble Hill, Missouri, killing Fisher, who was a passenger in the SUV, and injuring Cordell, Abernathy and Abernathy's passenger, Eric Smith of Jackson.

In April 2013, Fisher's father, Christian Fisher, filed a wrongful-death lawsuit against Abernathy, Slumberland Furniture and Slumberland's parent company, Sleepy Hollow Furniture.

Smith and Cordell later filed personal-injury lawsuits against Abernathy and his employers.

Court records show the lawsuits were dismissed July 21. Details of the settlements were confidential.

"The lawsuits have been resolved to the mutual satisfaction of all parties involved," said Joshua Engelbart, attorney for Slumberland Inc. and Slumberland Franchising Inc.

Engelbart said he could not provide any additional information on the details of the agreement.

A call to Cordell's attorney, Richard Whiffen, confirmed the confidentiality of the settlement, but Whiffen said "the result was agreeable to all parties."

In his guilty plea last year, Abernathy admitted he was under the influence of methamphetamine and marijuana and swerved in and out of his lane at the time of the crash.

He was sentenced to 10 years in prison.

Online court records show Abernathy has a history of traffic violations, including a 2001 DWI and driving while suspended in 2003.

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