Delay sought for tow truck lawsuit

Attorneys on all sides of a federal lawsuit against the city and county by a tow truck operator have asked to extend court deadlines and to put off the trial date until next fall.

Robert L. Bushnell, of Shelbyville, owner of Quality Collision and Towing, filed a federal lawsuit last year against Bedford County, the city of Shelbyville, its police department and a competing wrecker service, alleging that towing and repair jobs were steered toward one business.

He is asking for $300,000 in compensatory damages, plus an unknown amount of punitive damages, as well as a jury trial.

However, a joint motion was filed Tuesday, stating that attorneys for all parties in the suit "will be unable to finish depositions until at least March 5, 2010."

The deadline for discovery in the case is Feb. 9, and "despite counsel's best efforts" this deadline will not be met either due "to scheduling conflicts and the amount of depositions needed."

The trial is set for May 25 and lawyers for both sides say they can not meet this deadline either because of scheduling conflicts.

"The parties believe that a continuance of the trial date until an available date in the Fall of 2010 would allow them sufficient time to prepare this case for trial," the motion states.

The motion was submitted by attorneys Heather C. Stewart, representing the city of Shelbyville and the police department, William Kennerly Burger, attorney for Bushnell, Roger Clay Parker, representing Ray Brown, and John D. Schwalb, the attorney for Bedford County

In his suit, Bushnell alleges that the defendants violated the Racketeer Influenced and Corrupt Organizations Act (RICO), had tortuous interference with prospective business advantage, violated the Sherman Antitrust Act, violated his constitutional rights and failed to comply with the Freedom of information Act.

The suit alleges that for approximately the past 35 years, Shelbyville police, the city and county "engaged in an established pattern ... which has involved the purposeful routing of wrecker calls and body repair work through a single, local business known as 'Beeches Body Shop'..."

The firm was previously owned by J.C. Beech and is now operating under the name "Ray's Paint and Body," owned by Ray Brown, identified in the suit as a relative of Beech who has managed the tow service for many years.

Bushnell charges in the suit that in exchange "for either reduced or free towing and repair services on city, police and county vehicles," law enforcement for both the city and county allegedly manipulated the informal wrecker rotation schedule the city had set up until this year.

"The practice is believed to have been based initially on a family relationship with local political leaders, and is also related to two judicial commissioners who have worked as drivers for Beeches and Ray's," the suit claims.

Bushnell alleges that some records documenting manipulating the rotation system "have been destroyed or altered," and that other tow operators "observed an established pattern" where business was directed to Beech's and "clumsy alterations of the wrecker rotation schedule documents in an attempt to conceal the favoritism."

He also charges that since becoming increasingly vocal about the alleged practice in recent years, he has been subjected to retaliation, "particularly by members of the Shelbyville Police Department."

Former city manager Ed Craig said in response to the suit last year that he did not believe that there were any facts that would support Bushnell's allegations.