The owner of the trucking company whose truck was involved in a deadly crash in
this past summer has attempted to have the case against him dismissed.
David Wilcox, owner of American Crushing and Recycling, has been charged with attempted insurance fraud and numerous safety violations following the July 29, 2005, crash in which a truck from his company slammed into 20 cars, killing four people including the driver of the truck.
The company has also been fined nearly $50,000 by the IRS because the truck involved in the crash had dyed fuel in its tank. David Wilcox, the company’s owner, blamed the driver – who was killed in the crash – for filling the truck with the wrong fuel.
Matthew Beatman, attorney and court-appointed receiver for the case, told Land Line that on Wednesday, Jan. 4, Wilcox filed motions to dismiss the case against him.
Beatman said the motions were based on procedural grounds.
law requires that complaints be filed with the court within 30 days of having been served. Wilcox claims that wasn’t done in this case, so the case should be dismissed.
“He attempted to throw out the whole case so it would have to be re-filed,” Beatman said.
The hearing reconvened Thursday, Jan. 5, at which time the judge heard arguments for dismissal, but made no ruling. The next hearing is scheduled for Tuesday, Jan. 10.
In the meantime, Beatman said the judge has approved auctioning assets from American Crushing and Recycling to help raise money to pay the victims and families of victims in the case.
Beatman said he would be going to the company’s site with Wilcox to review the assets and determine what can be put up for auction.
– By Terry Scruton, senior writer