ROGERSVILLE — A $2.75 million lawsuit was filed Tuesday in Hawkins County Circuit Court against prominent Rogersville businessman Roger Dale Stewart on behalf of the 84-year-old woman who was critically injured in a June 11 head-on vehicle collision with Stewart on Highway 11-W.
Stewart has been charged with two counts of misdemeanor reckless endangerment as a result of the wreck.
Police said Stewart was driving west on Highway 11-W just west of Rogersville when he crossed over into the eastbound 11-W lane at the Corbin Heights Drive intersection.
Stewart then allegedly began traveling in the wrong direction of the eastbound lane as a shortcut to get into the parking lot of R&R Auto Sales, which he co-owns with his brother.
Police said Stewart traveled 50 to 75 feet past the intersection before causing the head-on collision with an eastbound vehicle driven by Jerry Earl “James” Hughes, 60, of Surgoinsville.
“He (Stewart) stated to me it was something he had done a thousand times before and nothing had ever happened,” Hawkins County Sheriff’s Office Sgt. Scott Alley told the Times-News.
Hughes’ passengers included his mother, Thelma M. Hughes, who was celebrating her 84th birthday that day, as well as an 11-year-old child who wasn’t injured.
Thelma Hughes’ injuries as listed in the lawsuit include cervical vertebral body fracture; lumbar spine fractures; left wrist fracture; fractured sternum; multiple rib fractures on both right and left side; and other soft tissue injuries from the cervical spine to the lumbar spine including upper extremities.
Rogersville attorney Mark Stapleton filed the lawsuit against Stewart Tuesday on behalf of Thelma and James Hughes.
Stapleton told the Times-News Wednesday that Thelma Hughes has also recently developed pneumonia as a result of being forced to lie on her back in a hospital bed since June 11.
Stewart, 59, of Rogersville, was scheduled for arraignment in Hawkins County Sessions Court Wednesday.
Rogersville attorneys Bill and William Phillips represent Stewart in his criminal case.
Bill Phillips told the Times-News Wednesday that Stewart’s arraignment was waived, and a hearing has been set for Stewart on Sept. 5 in sessions court.
Bill Phillips said he is not representing Stewart in the new civil lawsuit, and any public comment regarding the lawsuit would likely be made by Stewart’s counsel when it is retained.
With regards to the two counts of reckless endangerment against Stewart, however, Bill Phillips said, “We’ve looked at the evidence involved in this case, and we don’t feel like he has any criminal culpability for what happened.”
Stapleton told the Times-News Wednesday that Thelma Hughes’ hospital bill alone — excluding doctor bills, diagnostics and what her insurance covers — has topped $49,000 and continues to grow.
“Sweet Thelma Hughes went from having just celebrated her 84th birthday to fighting for her precious life as a result of Mr. Stewart’s egregious conduct,” Stapleton said. “I grew up here, and I don’t think there’s a juror in Hawkins County who will tolerate this sort of conduct. We believe this is a horrific wrong with horrific consequences, and we’ve assigned substantial resources to the prosecution of this civil case.”
Stapleton added that arrangements are being made to transfer Thelma Hughes to a skilled nursing facility.
“She’s not doing good, but she is good enough at this point, we believe, to be released from the hospital to a skilled nursing facility, and we believe that’s a positive sign,” Stapleton said.
The lawsuit seeks $1.75 million in compensatory damages, as well as $1 million in punitive damages.
Stewart reportedly told police he was test driving a vehicle owned by R&R Auto at the time of the wreck. The business was also named as a defendant in the lawsuit.
Stewart is a developer who also owns several businesses in Hawkins County and may be best known for developing Stewart Landings in Surgoinsville.