Documents filed in Billings suit

The week of April 25 has been requested for the Billings lawsuit, subject to available court time. Thomas Billings, administrator of the estate of Susan Billings v. Terminal Trucking Company Inc., Triple B Leasing Inc., PACECO Inc., Joseph Clarence Yancey III, Charles Eugene Isenhour Jr. and Mary B. Isenhour surrounds the Nov. 22, 2004 automobile accident on U.S. 21 and death of 40-year-old Susan Mimbs Billings of Glade Valley.

The case is scheduled to be a non-jury general civil trial, according to a document on file at the Alleghany County Clerk of Court Office. Documents filed April 11 in the courthouse included the answer of Terminal Trucking Company Inc. and Yancey, motion for a protective order and motion to toll interest

In layman’s terms, a motion for a protective order was filed so that the defendants’ documents remain confidential and not be disclosed to Billings. A motion to toll interest is defined as delaying interest from compounding on the amount prior to the judgment. Within the scope of the answer, the company and Yancey offer five defenses. The fourth defense consists of a motion to dismiss and a motion to sever.

In layman’s terms, a motion to sever in this case is a means to separate Yancey and Terminal Trucking from the remaining defendants. Through this motion, the remaining defendants, Triple B Leasing Inc., PACECO Inc., Charles E. Isenhour Jr. and Mary B. Isenhour, are requesting the claims be dismissed.

“The defendants...respectfully move this court for an order striking the claims against the remaining defendants and dismissing the claims against the remaining defendants with prejudice,” the document states in the fourth defense. “Until such time as the plaintiff has properly proven his right to recover from these defendants, the remaining claims asserted by the plaintiff are improperly joined in this action, and are therefore subject to dismissal. In the alternative, these defendants respectfully move the court...for an order severing such claims against these defendants from the claims asserted against the remaining defendants.”

Get the rest of this article in this week's issue of the Alleghany News! Back