Officials accused of routing calls to one operator

Trial dates have been set for October in a federal lawsuit filed by a tow truck operator against the city and county.

Oct. 5 will be the date a federal jury will begin to hear arguments involving the suit brought by the owner of Quality Collision and Towing, Robert L. Bushnell.

He filed a federal lawsuit in 2008 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.

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

An amended scheduling order filed by United States District Judge Harry S. Mattice, Jr. on Wednesday stated that the trial will be held in Winchester and is expected to last seven or eight days.

The deadline for discovery in the case was Feb. 9, with the trial originally set for May 25, but lawyers for both sides told Mattice last month they could not meet these deadlines because of scheduling conflicts and were unable to finish discovery by next month due to the amount of depositions needed.

A joint motion filed in December stated that attorneys for all parties in the suit "will be unable to finish depositions until at least March 5, 2010."

Judge Mattice ordered that discovery in the case, including depositions, be completed by June 22, with pre-trial disclosures set for Aug. 3. A final pre-trial conference is set for Sept. 20 in Chattanooga.

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 in 2008 that he did not believe that there were any facts that would support Bushnell's allegations.