In their defenses recorded in public court records, KSP Troopers Ken Abner and Robert Farley cite “negligence” as one of many defenses against a suit filed by Melonie Deana Pursifull, the widow of Anthony Sean Pursifull, who was killed on Jan. 10, 2008, after the car being pursued crashed into Deputy Anthony Sean Pursifull’s parked cruiser.
Melonie Pursifull, the plaintiff in the suit, accuses the defendants in the filed complaint saying “the defendants each were operating motor vehicles in a careless and negligent manner so as to cause a collision with a motor vehicle which the decedent (Anthony Sean Pursifull) was occupying.”
The plaintiff says that “as a direct and proximate result” of those actions, her husband sustained injuries which resulted in his death.
The plaintiff seeks damages from the defendants, jointly and severally, because of the following: “the wrongful death of the decedent”; “the resultant loss to his estate representing the economic loss of his earning power”; “his funeral and burial expenses”; and damages for the “loss to the minor children of the services, comfort and society of their parent, the decedent.”
The plaintiff also says that because “each defendant was operating his vehicle with a flagrant indifference to the rights of other persons on the highway, including the decedent, and with an objective awareness that their conduct would result in bodily harm,” she is seeking the damages “in amounts to be determined according to proof,” but exceeding $4,000.
When contacted, Melonie Pursifull’s attorney, Gerald Greene of Greene and Lewis of Pineville, responded saying he was not allowed to comment on anything in litigation.
Both defendants — Abner and Farley— in their statements deny responsibility for the plaintiff’s damages, and state that if Melonie Pursifull has sustained injuries or damages (which they deny), they are not responsible for them.
In Abner’s defense, he states that the “accident was unavoidable.”
In Farley’s defense, he cites that at the time of the accident “Anthony Sean Pursifull was himself negligent, which contributory negligence was the sole, or... a substantial factor in causing” the plaintiff’s damages. Farley goes on to say that the complained of injuries by the plaintiff could have been prevented had the deputy “exercised ordinary care for his own safety.”
In Abner’s defense, he states that “the plaintiff’s decedent (Anthony Sean Pursifull) failed to exercise reasonable care and diligence to mitigate his damages.”
Farley’s defense attributes the cause of the collision to a third party. Farley states that the plaintiff’s damages “were a direct and proximate result of the negligence of some third party or parties.” Farley goes on to name specifically the now 18-year-old David J. Poppiti, who Farley and Abner were chasing just before Poppiti crashed into Anthony Sean Pursifull’s parked cruiser. Farley says that Poppiti was “recklessly operating his motor vehicle at the time... causing it to collide with the vehicle occupied by Anthony Sean Pursifull,” causing his death.
Poppiti is charged with the murder of Pursifull and is due in Bell County Circuit Court for a pre-trial hearing April 17.
In Abner’s defense, he also states that the accident was caused by either the deputy’s “sole negligence” or the “intentional conduct, sole negligence or contributing negligence of some third party.”
In his defense, Farley says that all or a portion of the medical expenses claimed by Melonie Pursifull “were not medically necessary and/or reasonably needed.”
Calls for comment from Abner’s attorneys at Crabtree and Goforth in London, Ky., were not returned. Farley’s attorney Robert Melvin of Harlan, Ky., could not be reached for comment.
Stephanie Bowles, who was carrying Anthony Sean Pursifull’s child at the time of his death, recently joined the suit with Melonie Pursifull against Abner and Farley.
Stephen Woodward is a Staff Writer for the Daily News. He may be contacted at swoodward@middlesborodailynews.com.
What you don't realize is that anyone who responds is 'involved in the pursuit' - the 911 operator, dispatchers, officers following, officers standing by to assist - all are considered involved in the pursuit.
If you don't know the facts just keep your mouth shut as you say.
Wherever Deputy Pursifull was or what he was doing, he was responding to the call which is all that matters. What would that have to do with this vile and despicable lawsuit anyway?
if you dont know all the facts just keep your mouth shut.
Thanks for your input, but I don't think you are the administrator of this site.
These comments are for people to provide their opinion.
My opinion is that both of these women are vile, money grubbing, ungrateful and disrespectful to the memory of Deputy Pursifull. It's a disgrace and disgusting that they are suing these officers who were doing their duty. Disgusting.
Absolutely disgusting.
A legal defense fund for these troopers needs to be started so they can defend their good names.
I hope these women are happy that they are just making it easier for the slimebags who are really responsible for this tragedy to get off. I guess these teenagers and their families didn't have big enough pockets for them to fool with. ABSOLUTELY DISGUSTING!!!!!!!!!!!!!!!!!!!