Victim of crash files civil lawsuit against Nighbert

A woman injured during a crash with Williamsburg Police Officer Brad Nighbert last year is suing Nighbert and the city for an undisclosed amount of money.
Connie Jackson filed suit Friday in Whitley Circuit Court in connection with the April 12 accident that happened on US25W in front of Cumberland Regional Mall.
On Jan. 8, a Whitley County Grand Jury charged Nighbert, 29, with second-degree assault or first-degree wanton endangerment, two counts of first-degree criminal mischief, two counts of first-degree possession of a controlled substance, and for driving a motor vehicle while under the influence with an aggravating circumstance.
Nighbert appeared in court Monday afternoon with his attorney, Jane Butcher, who entered a not guilty plea on his behalf in the criminal case.
Judge Jerry Winchester scheduled a March 5 pretrial conference in the case. Winchester will likely schedule a trial during next month’s hearing, and set a $25,000 fully secured bond for Nighbert.
Nighbert’s father, Kentucky Transportation Cabinet Secretary Bill Nighbert and his wife, Susan, put up $50,000 worth of property in Williamsburg to secure Brad Nighbert’s bond, which was posted in the circuit clerk’s office late Monday afternoon.
In the lawsuit, Jackson’s attorney, Sam Davies, alleged that Jackson suffered multiple injuries in the crash some of which he said resulted in “permanent” injury.
The lawsuit alleges that prior to the April 12 crash, the city knew or had reason to know of “multiple complaints” regarding Nighbert concerning and his “negligent conduct” toward the public.
“Defendant City negligently retained and negligently failed to control and supervise Nighbert as an employee of the City of Williamsburg, and that such negligent retention, control and supervision exposed the plaintiff and other members of the public to a risk of bodily injury.”
The lawsuit further alleges that the city’s “negligent retention, control and supervision” of Nighbert as a city employee was a “cause in fact as well as a proximate cause” of the injuries that Jackson sustained.
The lawsuit asks for compensation for Jackson’s past and future medical and hospital expenses related to the accident, in addition to lost income, and for permanent destruction or impairment of her ability to earn money.
The lawsuit also asks for compensation for physical, mental and emotional pain and suffering caused by the accident, and all other “just and proper” relief that she may be entitled to receive.
In addition to the complaint filed in the lawsuit, Jackson’s attorney also filed a list of interrogatories and requests that ask Nighbert and the city for such standard things as the name of the city’s insurance carrier.
The interrogatories also ask for a list of any and all people, who reported a complaint to city employees or officials regarding “Nighbert’s conduct” regardless of whether the complaint was written or oral.
“The plaintiff is aware that defendant city has historically refused to provide a complete response to this question because defendant city and/or its agencies and other employees do not characterize a complaint as such unless the complaint is in the form of a written, sworn statement,” according to court documents.
“Produce any and all documents regarding each and every claim ever made to any and all of the insurers for Defendant City or any of its agencies regarding defendant Nighbert.”
If convicted of second-degree assault, which is the most serious criminal charge he faces, Nighbert could be sentenced to a maximum of 10 years in prison.
Nighbert had to be extricated from his police cruiser following the crash, and was flown to the University of Kentucky Medical Center, where he underwent a four-hour surgery to fix his leg.
Nighbert was on paid medical leave from the police department following the April crash until sometime in late August when he was suspended without pay prior to his September resignation. His resignation happened minutes before an administrative hearing that could have resulted in his dismissal from the department.
A toxicology test taken about three hours after the accident showed Nighbert had 0.001 milligrams of cocaine in his system, and 0.007 milligrams of Oxycodone.
Butcher declined to comment on the case Monday afternoon.
Williamsburg Mayor Roddy Harrison said late Monday afternoon that he had not been officially served with a copy of the lawsuit, and that he couldn’t comment on it because it is pending litigation.
Bill Nighbert was mayor of Williamsburg when Brad Nighbert was hired as a Williamsburg police officer.