Court Roundup

Kentucky Lawsuit over train fatality could be delayed RICHMOND, Ky. (AP) -- A lawsuit filed by the family of an Eastern Kentucky University student who died after being hit by a train might be delayed because the operator has been deployed to Iraq. Hillary Hadley was killed in August when her vehicle collided with a CSX train at a railroad crossing in Richmond. The lawsuit claims the operator and CSX were negligent in the operation of the train and that CSX failed to properly maintain the signal devices. According to court documents filed Monday in Madison Circuit Court and obtained by The Richmond Register, train operator Matt Lasters is in the U.S. Army Reserve and was ordered to report for duty in Iraq this month. The order says evidence discovery relating to the operator is postponed until further agreement between attorneys. Virginia Students' suit against school goes to trial ROANOKE, Va. (AP) -- A lawsuit claiming Virginia Western Community College defrauded nursing students is going to trial. The Roanoke Times reports that the first trial in the case is scheduled to begin Monday in Roanoke County Circuit Court. Fifty-nine current and former students sued the school and the state in December 2007. The lawsuit claims the school failed to tell the students that its nursing program had lost its national accreditation in 2006. The lawsuit seeks about $23 million in damages. It contends that some employers wouldn't hire the students and some advanced degree programs wouldn't admit them because of the loss of accreditation. The state denies the charges. The first trial involves 16 students. The remaining plaintiffs have been divided into three other groups. Their trials are scheduled for 2012. Missouri Wrongful death lawsuit heads to court A civil wrongful death lawsuit heads to Greene County court next week in the death of a Springfield book collector. Criminal charges have not been filed in the July 2007 death of 70-year-old Rolland Comstock, a book collector and attorney who handled tax and probate cases in Springfield for more than 40 years. He was found shot to death in his home. The wrongful-death suit was filed by Alberta Comstock's daughter, Faith Stocker, who accuses her mother of "acting alone or in conspiracy with another." The Springfield News-Leader reported Monday that a hearing in the wrongful death lawsuit is set for Friday and the jury trial begins June 27. A grand jury met earlier and failed to bring any charges, but authorities have said it's an ongoing investigation. Connecticut Lawsuit filed over fundraiser for crash victims PLAINFIELD, Conn. (AP) -- The mother of one of two teenage boys injured in a car accident in eastern Connecticut in March is suing the organizers of a fundraiser for the victims, claiming her son never received any proceeds from the event. Jenna Dewick of Plainfield alleges the organizers, Dr. Raja Fattaleh and Penny Morrissette, held a spaghetti dinner fundraiser but didn't turn over any of the money. Dewick's son, Trevor Phillips, and his cousin, Matthew Phillips, both suffered brain damage and other injuries after a car driven by Matthew hit a tree in Brooklyn. The Hartford Courant reports the lawsuit was filed last month in Putnam Superior Court. A lawyer for Fattaleh and Morrissette says the money raised is in a bank account, but banking and IRS requirements created roadblocks for his clients. Published: Tue, Jun 21, 2011