Judge dismisses 'with prejudice' wrecker operator's lawsuit against city

A lawsuit filed by a local wrecker operator against Shelbyville, its police department and Bedford County has been dismissed by a federal judge "with prejudice."

Last week, Robert L. Bushnell, owner of Quality Collision, informed U.S. District Court Judge Harry S. Mattice Jr. of his intention "to voluntarily dismiss, without prejudice," his claims.

Bushnell alleged in the suit 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'..."

However, Mattice issued a judgment this week which ordered that "Plaintiff Robert Bushnell take nothing, and that the action be dismissed with prejudice."

This means that Bushnell is barred from bringing an action against the defendants on the same claim.

Last month, Mattice had "dismissed with prejudice" the suit against tow operator Ray Brown, who was sued along with the city, its police department and the county.

Bushnell had claimed that Beeches Body Shop, owned by the late J.C. Beech, was operating under the name "Ray's Paint and Body," owned by Brown, who was identified in the suit as a relative of Beech.

However, Brown has stated that he could not have taken part in a 35-year conspiracy because he is only 37 years old, is not a relative of Beech, nor is his business a successor to Beech's.

The suit also alleged 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.

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