Trial Magazine

Stotts-Young v. Burdette, No. 19-CI-00202 (Ky. Cir. Ct. Jefferson Cty. Mar. 2, 2021).

Louisville, Ky., police officer Deidre Mengedoht was on a highway shoulder sitting in her police cruiser during a routine traffic stop on Christmas Eve 2018 when Roger Burdette, a sewage tanker truck driver employed by Louisville and Jefferson County Metropolitan Sewer District (L&JCMSD), struck her vehicle from behind. The cruiser erupted into flames, and Mengedoht, 32, died at the scene. Mengedoht, a decorated police officer and dedicated public servant who had received commendations and letters of appreciation from local citizens, was also a devoted mother to her only child.

After the crash, Burdette tested positive for two unprescribed controlled substances and is awaiting trial for murder and other charges. The pandemic exacerbated the situation, delaying the criminal trial to this month. Evidence also indicated that driver distraction was a significant contributing factor to the crash and that Burdette may have been watching a pornographic video on his cell phone while driving.

A court-appointed guardian on the child’s behalf retained Louisville attorneys Kevin P. Weis and Tad Thomas to sue Burdette. Mengedoht’s estate retained Ronald P. Hillerich, also of Louisville.

The plaintiffs alleged that Burdette violated Ky. Rev. Stat. §189.290 by failing to operate the tanker truck carefully and §189.930 by failing to yield to an emergency vehicle. The lawsuit also alleged that Burdette was driving while distracted. The plaintiffs also sued Burdette’s employer for negligent training and supervision, vicarious liability, and loss of parental consortium.

Under Kentucky law, when a parent is negligently killed, minor children can seek compensatory damages for the loss of their parent’s love, advice, assistance, and guidance until they reach the age of majority.

“Deidre attended every one of her child’s sporting events, acted as the scout mom, and provided her child the love and wisdom that only a mother can,” Weis said. “Her young child had to be uprooted from Deidre’s home and move full time to the father’s home many miles away. It was a difficult transition in addition to suddenly losing a mother.” Weis pointed out that the high-profile nature of a police officer’s death in the line of duty caused the child additional stress and unwanted attention.

Weis and Thomas faced uncommon discovery restrictions. Burdette and L&JCMSD immediately filed motions to stay all discovery, with Burdette relying on his Fifth Amendment right against self-incrimination to avoid being held accountable. Despite case law to the contrary, the trial court upheld Burdette’s motion for a complete stay, so he was not deposed and did not answer written discovery.

However, Weis and Thomas proceeded with discovery against L&JCMSD, which unsuccessfully argued that it could not adequately defend itself without its employee’s cooperation.

The inability to obtain criminal discovery was also frustrating. Unique Kentucky criminal procedural rules allowed the commonwealth to avoid being subject to an open records request or subpoena to obtain criminal discovery materials—particularly Burdette’s cell phone data. Their attempts to obtain the discovery from criminal defense counsel were met with vigorous and repeated motions and delays.

“The judges found Burdette’s constitutional rights took precedence over the rights of his victims,” Weis said, “despite a protective order that would have safeguarded Burdette’s rights but allowed the plaintiffs to engage in important discovery.”

Traffic surveillance video of the incident was crucial, Weis said. “The video documented scores of vehicles safely avoiding or passing the traffic stop, whereas Burdette never slowed, swerved, or even braked to avoid what became a fiery three-vehicle collision.” Post-collision witness observations of Burdette’s appearance and demeanor and the two positive drug tests were also crucial.

To spare the child from further trauma, the plaintiffs agreed to mediation. The estate settled for $10 million. The loss of parental consortium claim also settled at mediation for $3.65 million.

“My hope is that this case, due to its high-profile media attention, will lead employers to be more vigilant about who they let operate big trucks on public highways,” Weis said, “as well as show the public how civil justice protects people against well-funded defense interests.”

Christine Mollenauer is the managing editor for the Law Reporters.