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Family of Tod Carter file wrongful death lawsuit against accused killer
Posted On 03 Sep 2009
Family members of a Woodbine man shot to death in the parking lot of the Root Beer Stand July 31 have filed a wrongful death lawsuit in Whitley County Circuit Court against his alleged killer.
Rod and Betty Carter, the parents of the late Tod Carter, along with their son’s daughter, Hannah, and wife, Kristi, filed the civil complaint Wednesday against Larry Wilson.
Wilson, 55, owner of Wilson’s Towing of Williamsburg, remains in jail on murder and wanton endangerment charges stemming from Carter’s death. Police say Wilson fired a 9mm pistol at Carter after some sort of confrontation between the two late on the evening of July 31 in the Root Beer Stand parking lot.
Carter died a short time after being shot.
Rod and Betty Carter were recently appointed as co-administrators of their son’s estate by Whitley District Judge Cathy Prewitt.
"As a direct and proximate result of the actions of the Defendant … Tod Alan Carter suffered great, grievous and permanent personal injuries, resulting in death …" the lawsuit reads. Corbin attorney David O. Smith filed the civil action on the behalf of the family.
Smith is asking for compensation to the family for pain and suffering, funeral expenses, loss of earning potential and punitive damages because, the lawsuit claims, Wilson acted "with gross negligence, malice and intentional and reckless disregard for the health, safety and life of the decedent."
Carter was 38-years-old when he was killed.
Police and Carter’s family members say the two men were likely at odds because Carter’s wife had some sort of recent relationship with Wilson.
During a preliminary hearing last month, Whitley District Judge Jason Price set bond for Wilson at $500,000 cash.
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The Carter’s may be greedy but I was there the night Tod was killed and he did not “attack” Larry. So you can get your facts straight. I was really close to Tod. And he was confronting Wilson and did not even touch him. Tod was walking away from Larry when he shot Tod. And Tod knew how to live in a “civilized society” it was Wilson who was being trigger happy out in a public place.
Todd was a friend of mine I think they should own everything Larry Wilson owns Larry is a two-bit coward regardless of who started it he should of either fought fist to fist or left he didn’t have to shoot him further more Wilson killed him in front of his (Todd’s) daughter
These people should get nothing…Wilson was attacked by Carter and was defending himself….this is just another way for Carters family to profit from his death….they want to take everything the Mr. Wilson worked for….let them go make there own living….they sure didnt teach there child how to live in a civilized society…..