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BEDFORD — A Forest family’s lawsuit against Campbell County Sheriff Terry Gaddy, a deputy and the Commonwealth of Virginia could be heard by the state Supreme Court next year.
Two years ago this month, Corey Peters of Big Island drove his pickup truck head-on into a minivan carrying the Barrick family as they came home from church. Andy and Linda Barrick and their children, Jennifer and Josh, were in the van that night. All but Josh were severely injured.
Jennifer Barrick suffered severe head trauma and was in a medically-induced coma for several weeks.
Peters was severely brain damaged and has been hospitalized since the wreck.
In a lawsuit first filed in December 2006, the family sued their insurance company, Peters and his father James Peters. Gaddy, Deputy Vincent Keller and the commonwealth were added to the suit earlier this year.
In an October order, Bedford County Circuit Court Judge James Updike finalized an earlier ruling that law enforcement officers are protected against lawsuits except in extreme circumstances. Barrick family attorney Paul Beers has now filed notice he will appeal the decision to the Supreme Court of Virginia.
The incident began when Deputy Keller was called to a hit-and-run car crash the evening of Nov. 5, 2006, involving Corey Peters on Timberlake Road. He followed Peters into Bedford County on Waterlick Road, where he found him asleep behind the wheel of the truck in the middle of the street.
In an interview shortly after the wreck, Gaddy said Keller tried to turn off Peters’ engine but couldn’t, and instead put the transmission in park and applied the emergency brake.
While the deputy was directing traffic, Peters put the truck in gear and sped away, running into the Barrick family’s van. In the time it took for Keller to get back to his vehicle and catch up with Peters, he had already hit the Barricks.
Beers argued that the deputy should have and could have done more to stop Peters and that Gaddy and the state, as his employers, also were liable for his actions.
In his order, Updike ruled that “Deputy Keller did not have a duty to control the conduct of defendant Corey Peters, the allegedly intoxicated driver who subsequently collided with the vehicle in which the plaintiff was traveling.”
The judge noted that Keller never arrested Peters or took him into custody, and that he was trying to direct traffic as the only deputy on the scene when Peters sped away.
Updike ruled that in order for law enforcement to be sued in Virginia, the deputy’s act would have had to be grossly negligent. At best, the judge ruled, Keller’s actions amounted to ordinary negligence.
The judge further ruled that as a sheriff’s deputy, Keller isn’t a state employee. In Updike’s order, he noted that during his own terms as commonwealth’s attorney, he relished the fact that he didn’t work for the state or the county government. Because the people of Campbell County elect Gaddy and Keller worked for Gaddy, the state can’t be sued.
Beers said he’s challenging those decisions to the highest court in the state.
“The next step is filing the petition for appeal, which is a written argument,” he said. “We expect to file that in January.”
Earlier this year, the Barricks agreed to drop their claims against the Peters. James Peters settled with the family for a $2,500 payment to each child. The family claimed the father was partially responsible for the wreck because he sold his son the truck knowing that Corey Peters was an alcoholic, unsafe driver and that his drivers’ license was suspended.
Insurance payments totaled more than $450,000, including $250,000 for the daughter’s medical and attorney costs, according to court records.
Reader Reactions
Yes….Selfish Act. Still can’t understand why the Deputy and Sheriff are being sued in this Case there is clearly no misconduct on the officer’s part. I guess thats the price we pay to be public servants. Never free from civil liability even when you do your job correctly. Again I beleive the Barricks should really evaluate all the circumstances and maybe they will see that Peter’s previously convicted of 2 DUI’S prior to this instance was at Complete fault in this sensless tragedy!
Drunk driving is not a “selfless act”-
Selfless means unselfish…
I think you mean selfish act, which is why there is a lawsuit.
so why doesn’t the news go after the real story here of the family dropping the suit againist the DRIVER of the vehicle that was DRUNK and SUSPENDED!!!!!!! do some research into this low life peter guy, does he even have a job, was he insured. he propbably wasn’t worth a penny, thats why dad paid out the settlement, and that is why the Barricks dropped the suit there was a quick dead end to the money they could get from the driver, or they would get the judgement but never see the money.
......so what do they do now…. they sit with there disgusting lawyer and say hey lets go after the state maybe we can get millions, instead of being stuck with nothing from the low life Peters.
If assuming that what I said about Peters was true and you reverse it, and this Peters isn’t a low-life without a suspended license, a alocholic with previous Dui’s, or is an actually contributer to society instead of a drain, and is insured and has his own money instead of probably being a drain on his family as well..then this suit againist the sheriff’s office would have never came about..it’s all about the most they can get out of it. thats why the DAD paid out the money instead of the SON, because his kid is worthless.
All pity that I had for the Barrick family when I first hear this story along time ago is now gone out the window. Its truly disgusting that they are now going after a deputy, and the state for money.
Cosmo, as I recall from the articles about this at the time of the incident, Keller couldn’t get to the ignition to take the key because of the position of Peters’ body in the car when he was passed out (or asleep, unconscious or whatever he was).
I’m not sure the Barrick’s have a choice in the matter. It may be something their insurance company is requiring them to do in order to get payment from their OWN insurance policies.
*Note that their insurance company is being sued as well (sometimes this is necessary in order to get your own company to pay to cover everything your insurance policy says it will cover).
Many times insurance companies require you to sue others in an effort to minimize what the insurance company has to pay. I think we all can agree that the father of the defendant should have been liable for MUCH more than $2500 to each of the kids.
I think there are quite a few more details that are needed in order to make a determination of whether the suit is necessary or not. It’s one thing to merely cover medical costs. Let’s not forget that Jen had to relearn how to do basic tasks like speech and how to walk. That is worth SOMETHING! Further, we do not know the total cost of the family’s medical bills. $450,000 may not cover everything.
While I am by no means a fan of excessive civil suits, I do believe that reasonable punitive damages are justified in this case - although I’m surprised the settlement was so low from the criminal’s father. How do you reasonably sell a truck to an alcoholic who’s license is suspended for 2 DUI’s?
I agree with the judge’s ruling regarding the Deputy, the Sheriff,etc… as a ruling to the contrary would be detrimental to law enforcement everywhere.
So the deputy was there directing traffic at an accident scene till help arrived. He did what he could. What if he was seen there and not directing traffic, he would have been bashed for that as well. Seems the officers try to help and this is what they get. Lashed at from all sides. And here is Sheriff Gaddy, he won’t even there and he is brought in the middle of this. Did an accident lawyer give them a card and say this is what we can do to get you money for pain and suffering?
Absolutely disgusting the Barricks would sue the sherrif. Concentrate on healing and not getting even. Just as pathetic it the lawyer who is representing them with money as the only motive.
And also the family dropped the suits against the peters family. Give me a break this peters subject had been convicted of dui 2 times prior he knew he was not to be driving and obviously had a problem with alsohol. the peters should be the only ones sued in this case and to hear those have been dropped. People’s true colors come out when it comes to civil suits and money.
I do feel for the Barrick family for their pain and suffering due to the selfless acts of a drunk driver. But i do not think that deputy keller given the circumstances was in anyway wrong in his actions he did what he was taught given all the information he had. He had no idea the subjet was drunk he had a subject asleep at the wheel .for all he knew the subject could have had a medical emergency . he put the car in park and directed traffic arund the truck so that no one would wreck into it. he had no idea peters was going to speed off and strike another vehicle.and also everybody can monday morning quarterback everything had deputy keller chased him and the guy hit somebody else or wrecked and died himself . he would be blamed as well. everybody is out for money no amount of money can replace the pain and suffering that the Barrick family had to go through. But also if anyone is responsible for this tragedy it is the Peters subject. being thomas road baptist church members i beleive the barrick family should not be directing there anguish towards law enforcement but towards the suspect and only the suspect peters that caused this by his actions and disreguard for anyone including himself. IS this the way true christians act. PETERS IS THE ONLY ONE IN THE WRONG IN THIS CASE!
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