
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, November 10, 1994                   TAG: 9411100061
SECTION: CURRENT                    PAGE: NRV-2   EDITION: NEW RIVER VALLEY 
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: RADFORD                                 LENGTH: Medium

CAR ACCIDENT VICTIM'S FIANCEE TO REFILE SUIT

A $5 million lawsuit against the city has been dropped from the Radford Circuit Court docket but will be refiled in Montgomery County by the fiancee of a man who was killed on Norwood Street after the truck he was driving hit some rocks that fell from a hillside into the road.

William General Fleeman, 23, of Willis, had been in Radford on business Feb. 6, 1991, and was on his way home when the accident occurred. He was about 1,500 feet east of Robey Street when rocks slid from the south bank onto the road. One rock rolled directly into the path of his pickup truck. Fleeman lost control of the truck, which slid into an embankment and flipped, coming to a rest upside down.

The top of the truck caved in, pinning Fleeman inside the vehicle. He was pronounced dead at Radford Community Hospital.

Fleeman's beneficiary is his son, now 4 years old. Brenda S. Quesenberry, who had been Fleeman's fiancee and is the boy's mother, is the administrator of Fleeman's estate. She filed suit two years ago.

Jim Guynn, a Roanoke lawyer representing Radford, said the lawsuit was dismissed without prejudice by Judge Kenneth Devore, meaning Quesenberry could refile the suit at a later date. Guynn said Quesenberry's attorneys apparently thought a more favorable jury might be seated in Montgomery County.

Robert Spessard, a Floyd lawyer representing Quesenberry, said the new lawsuit will likely be refiled in Montgomery County Circuit Court next week.

The Code of Virginia allows a lawsuit against a city to be filed in the neighboring county when the city is geographically within that county and became a city after 1902 with a population of more than 10,000, Spessard said. He said that while Quesenberry "probably could get a good jury in Radford," there was a chance of a bias for the city in the jury pool made up of of all Radford residents.

"If you have the choice, you're almost forced to go to an area where the concern would be minimized," Spessard said.

Quesenberry's lawsuit alleged that the city failed to prevent rocks and debris from falling onto the roadway and failed to maintain a safe thoroughfare for motorists.

The city has denied liability and said Fleeman's son is not entitled to recover damages because of Fleeman's negligence. Norwood Street is marked with signs warning travelers of falling rocks.

Earlier this year, a $500,000 lawsuit filed by Richard Fleeman, who was a passenger in his brother's truck, was dismissed because Fleeman failed to file a claim with the city within six months of the accident, as required by state statute.

Keywords:
FATALITY

by CNB