Husband and father James V. Norris has filed a lawsuit against the driver who collided with his vehicle in an October crash, killing Norris’ wife and 8-year-old son.

Cordell Simpson, 19, of Lexington is listed in the suit alongside his insurance company, Progressive Casualty Insurance. The suit alledges Simpson acted “negligently, carelessly, recklessly and with gross negligence” when he struck the Norris’ Toyota pickup head-on Oct. 1, 2006.

Norris is asking for a jury trial to determine compensatory damages for “medical expenses, lost earnings, impairment to earn income, destruction of the power to earn income and contribute economic value to surviviors, funeral expenses, for the pain and suffering of the decedents, and for his past and future pain and suffering and reduction in the quality of his life, and difficulty in performing activities of daily living, for loss of consortium due to the death of his wife and son, and for such punitive damages as may be proven at trial.” He also is asking for judgment against Progressive Casualty “to the extent that such damages exceed the liability insurance available to Cordell Simpson.”

According to a Kentucky State Police report on the crash, James Norris was driving the pickup when Simpson, driving a Budget Rental truck, crossed into Norris’ path. Norris “made an evasive maneuver to avoid the collision,” but was unable to prevent the crash.

Jameson Avery Norris, 8, was pronounced dead at the scene on Irvine Road. His mother, Dana Annette Rains Norris, 36, was pronounced dead at Pattie A. Clay Regional Medical Center. James Norris and his step-son, Alex Duncan, also were in the truck and suffered injuries. Simpson was treated and released from Pattie A. Clay following the crash, and his passenger, Christopher Lang, of Lexington, was injured.

“James V. Norris was seriously injured, which injuries are permanent and involve a permanent loss of bodily function,” the lawsuit states. “James V. Norris, has suffered and will suffer great mental and physical pain, reduction in the quality of life and difficulty in performing activities of daily living; has lost and will lose earnings in the future and incurred necessary hospital and medical expenses and will incur additional expenses in the neccessary treatment of his injuries in the future and is entitled to recover damages for same.”

The suit was filed last month in Madison Circuit Court.

Dana Norris was a teacher at The National College of Business and Technology. Avery was a student at Bluegrass Christian School. Both were members of Red House Baptist Church, according to their obituaries.

Kelly Foreman can be reached at kforeman@richmondregister.com or 624-6694.

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