Published: November 02, 2009 08:50 am      

Wrongful death, assets cases go to mediator

A pair of lawsuits filed against a Berea man over a December auto accident that killed one man are headed to a mediator following an order issued in Madison Circuit Court.

Sandra Isaacs, the widow of Jason Isaacs, had filed a wrongful death suit against Elmer Ray French, 71, and a second suit against French, his wife and French Family Trust LLC over the alleged hiding of assets.

Madison Circuit Judge William G. Clouse issued a pair of orders Oct. 8 sending each case to a mediator after Isaacs’ attorney had requested mediation in the French Family Trust case and French’s lawyers requested mediation in the wrongful death suit.

The wrongful death suit alleges that French was responsible for Jason Isaacs’ death in an automobile accident in December 2008 on Scaffold Cane Road near Berea.

French allegedly was under the influence at the time of the accident, and has been indicted on charges of murder and driving under the influence in the accident. A jury trial is scheduled for March 1, 2010.

The suit against French, his wife and French Family Trust LLC alleges that French and his wife created the company in an attempt to shield assets from Isaacs in the event of a judgment in the wrongful death suit.

Several pieces of property near Berea were transferred from French and his wife to the company days before the wrongful death suit was filed, the suit alleges.

According to a motion requesting mediation in the wrongful death case, “... the facts of the case are such that the case could be easily resolved at mediation, without the time and cost of a court trial.”

Clouse gave both sides 90 days to come to an agreement on a mediator as well as the time and place of a session between the mediator and both sides.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.