LOUISVILLE, Ky. (WDRB) -- A Louisville Metro Police traffic guard who lost part of her leg after a hit-and-run crash has filed a lawsuit against the semitruck driver and their employer, claiming both parties were "grossly negligent" and "acted with extreme indifference."
Gertrude Schaftlein, a 48-year veteran traffic guard, was hit by a semi while on duty last month.
The crash happened in Louisville's St. Denis neighborhood on Wednesday, Sept. 6, just after 9 a.m., at the intersection of Cane Run Road and Bridwell Drive. That's near Wellington Elementary School.
Police said 44-year-old Delane Rowe was driving a semitruck that hit Schaftlein. Rowe did not stop, according to police. Officers later spotted Rowe's vehicle traveling eastbound on Interstate 64 near Jeffersontown, "thanks to multiple witnesses."
Rowe was detained, arrested and charged with leaving the scene of an accident, first-degree assault and disregarding a traffic control device.
Mugshot for Delane Rowe. Image courtesy Louisville Metro Corrections.
Schaftlein had to have part of her leg amputated after the crash, and was released from the hospital less than two weeks ago.
Tuesday, WDRB News obtained a copy of a lawsuit filed by Schaftlein on Oct. 2 in Jefferson Circuit Court against Rowe his employer, the Ohio Transport Corporation.
According to the lawsuit, Schaftlein was directing traffic at the intersection of Cane Run Road and Bridwell Drive in front of Wellington Elementary school when she held up a stop sign indicated Rowe's lane of travel top stop. The suit argues Rowe "disregarded" the stop sign and continued through the intersection, hitting Schaftlein with his tractor-trailer.
Schaftlein was unable to avoid the semi and was severely injured, including her right leg being amputated below the knee and reconstructive surgery on a fractured elbow, the lawsuit reads.
The lawsuit states Rowe "owed a duty" to Schaftlein to "operate his vehicle in a careful manner and/or maintain control of his vehicle, with regard for the safety and convenience of pedestrians lawfully in the crosswalk/roadway."
It argues Rowe "breached his duties" and was operating the semi "in a negligent, careless, grossly negligent, and reckless manner, causing serious injury."
The suit accuses the Ohio Transport Corporation of being "negligent, grossly negligent, careless and reckless" with regard to the duties of "hiring, instructing, training, supervising and retaining" drivers and other employees, including Rowe, and "to promulgate and enforce policies, procedures, and rules to ensure that its drivers and vehicles were reasonably safe."
It argues the company "had a duty to exercise reasonable care in entrusting its vehicles and equipment to responsible, competent and qualified drivers."
The lawsuit accuses both Rowe and the Ohio Transport Corporation of violating several state and federal statutes and regulations, leading to "temporary and permanent injuries" to Schaftlein, causing "great physical pain and mental pain and anguish, including the loss of enjoyment in life" as well as accumulating medical bills for treatment of her injuries.
Arguing Rowe and the Ohio Transport Corporation "acted with extreme indifference" and "reckless disregard for the consequences of their actions," the lawsuit seeks compensatory and punitive damages and a jury trial.
Related Stories:
- LMPD says traffic guard of 48 years, who lost part of leg in hit-and-run crash, is back at home
- Louisville Metro Police traffic guard of 48 years loses part of leg due to hit-and-run crash
- Man arrested after Louisville police traffic guard seriously injured in hit-and-run crash
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